GIFT  OF 


8061  '12  'W  'itfd 
'A  'N  'as 


GENERAL 

ELECTION  and  PRIMARY 
LAWS  of  IOWA 


AMENDED  TO  DATE 


COMPILED  BY  W.  S.  ALLEN 

S tent  any  of  State 


DBS  MOINES 

ROBERT    HENDERSON,    STATK  PRINTER 
1914 


GENERAL 

ELECTION  and  PRIMARY 
LAWS  of  IOWA 


AMENDED  TO  DATE 


COMPILED  BY  W.  S.  ALLEN 

•   Secretary  of  State 


DES  MOINES 
ROBERT    HENDERSON,    STATE   PRINTER 

1914 


ARRANGEMENT  OF  THE  LAW 


PART  I. 

NOMINATION  OF  CANDIDATES. 

Division  1.     Primary  Election  Law,  page  1  to  page  42. 

Division  2.     Nominations  by  petition  or  convention,  page  43  to  page  47. 

PART  II. 

REGISTRATION  OP  VOTERS. 
Page  48  to  page  54. 

PART  III. 

CALLING   THE   ELECTION— OFFICERS  AND   THEIR   TERMS— ELEC- 
TION PRECINCTS. 

Page  55  to  page  62. 
PART  IV. 

THE  ELECTION. 

Division  1.  The  conduct  of  the  election,  page  63  to  page  81. 

Division  2.  Judges  of  Election  to  select  jurors,  page  82  to  page  87. 

Division  3.  The  election  of  presidential  electors,  page  87  to  page  88. 

Division  4.  Use  of  voting  machines,  page  88  to  page  93. 

PART   V. 

THE  CANVASS  OF  VOTES. 

Division  1.  Canvass  by  the  judges  of  election,  page  94  to  page  98. 

Division  2.  Canvass  by  town  and  township  officers,  page  99. 

Division  3.  Canvass  by  board  of  supervisors,  page  99  to  page  103. 

Division  4.  Canvass  by  executive  council,  page  103  to  page  106. 

PART  VI. 

OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE. 

Division  1.     General  provisions,  page  109  to  page  112. 

Division  2.     Candidates'  election  expenses,  page  112  to  page  113. 

Division  3.     Political  contributions  by  corporations,  page  114  to  page  115. 


293001 


iv  GENERAL  ELECTION  AND  PRIMARY  LAWS 


SUMMARY  OF  CONTENTS 

PART   I. 

NOMINATION  OF  CANDIDATES. 
Division  1 — Primary  Election  Law,  ^age  1  to  42. 

I.  General  provisions: 

Offices  affected,  Sec.  1087-al,  a36,  b,  c. 

Definitions,  Sees.  1087-a2,  a3. 

When  and  where  held,  Sees.  1087-a4,  a38. 

II.  Nomination  papers: 

(a)  Blanks  to  be  furnished,  Sec.  1087-all. 
Who  to  file,  Sees.  1087-alO,  a39,  bl,  c. 
When  and  where  filed,  Sees.  1087-alO,  a39,  bl. 
Requirements  as  to,  Sees.  1087-a6,  alO,  a39,  bl. 
By  petition,  Sees.  1087-alO,  a29,  bl. 

Notice  published,   Sees.   1087-al2,   a41,  b4. 

(b)  Transmitted  to  county  auditor,  Sees.  1087-al2,  a41. 

III.  Ballots   and   Supplies: 

Order  of  names  on  ballot,  Sees.  1087-al2,  a!3,  b2,  b3. 

Printing,  Sees.  1087-al3,  a42. 

Form  of  ballot,  Sees.  1087-al4,  a40,  b2,  b3,  c. 

Sample  ballots,  Sec.  1087-al5. 

Supplies  and  poll  books,  Sec.  1087-al6. 

IV.  Party  Affiliation: 

First  declaration,  Sees.  1087-a7,  a8. 
Record  of,  Sees.  1087-a7,  a8. 
Change  of  declaration,  Sec.  1087-a8. 
Declaration   challenged,    Sees.    1087-a9,   a24. 

V.  The  election: 

(a)  Judges  and  clerks,  Sees.  1087-a5,  a25. 
Australian  ballot,  Sec.  1087-a6. 
Polls  open,  Sec.  1087-a6. 

Ballots,  Sees.  1087-a6,  a!4,  a!7,  a43,  b3. 
Expenses  of,  Sec.  1087-a5. 

(b)  Of  U.  S.  Senator  by  direct  vote,  Sec.  1087-c. 

(c)  U.  S.  Senator  to  fill  vacancy,  Sees,  1087-a24,  c. 

(d)  Of  U.  S.  Senator  under  so-called  "Oregon  Law,"  page  39. 

(e)  Non-partisan,  of  Supreme,  District  and  Superior  judges,  Sees.  1087-b, 

bl,  b2,  b3,  b4,  b5. 

(f)  Of  National  delegates  and  alternates,  Sees.  1087-a36  to  10'87-a47. 
National  committeemen,  Sec.  !Q87-a36. 

County  delegates,  Sec.  1087-a36. 

(g)  Special  elections,  Sec.  1087-a30. 

VI.  Vacancies : 

How  filled,  Sees.  1087-a24,  b4,  c. 

VII.  Canvass  of  votes: 

(a)  By  judges  and  clerks,  Sees.  1087-a6,.  a!7. 

(b)  By  board  of  supervisors,  Sees.  1087-al9,  a43. 
Recount,   Sec.  1087-al8. 

Abstracts  forwarded,  filed  and  published,  Sees.  1087-a20,  a21,  a45. 

(c)  By  state  board,  Sees.  1087-a22,  a23,  a44. 

(d)  Tie  vote  and  vacancies,  Sec.  1087-a24,  b2. 

(e)  When  person  nominated  by  two  or  more  parties  for  same  office, 

Sec.  1087-a6.  i 


GENERAL  ELECTION  AND  PRIMARY  LAWS  v 

VI II .  Conventions : 

County,  Sec.  1087-a25. 
District,  Sec.  1087-a26. 
State,  Sec.  10'87-a27. 

IX.  Party  Committees,  Sees.  1087-a22,  a25,  a28. 
Committeemen,  Sees.  1087-al,  a25,  a31,  a36. 

X.  Preferential  Vote  for  President  and  Vice  President,  Sees.  1087-a38, 

a40,  a45. 

XI.  Penalties: 

Misconduct  of  officials,  Sec.  1087-a31. 
Services  for  hire,  Sec.  1087-a32. 
Bribery,  Sec.  1087-a33. 

XII.  City  elections,  Sec.  1087-a34. 

XIII.  Acts  repealed,  Sec.  1087-a35. 

XIV.  Sections  applicable,  Sec.   1087-a47. 

Division  2 — Nominations  ~by  Petition  or  Convention,  pages  ^3  to  4?- 
By  convention,  Sees.  1098,  9. 
Petition,  Sec.  1100. 

Withdrawals  and  vacancies  filled,  Sees.  1101,  2,  5. 
Objections  to  nominations,  Sec.  1103. 
Filing  certificates  and  petitions,  Sec.  1104. 
Nominations  transmitted  to  County  Auditor,  Sec.  1105. 
Illegal  voting  to  select  delegates  to  conventions,  Sec.  4919 — a,  b,  c;  pages, 
108-109. 


PART  H. 

REGISTRATION  OF  VOTERS. 
Pages  48  to  54. 

Board  of  registers: 

Where  required,  term,  qualifications,  compensation,  Sees.  1076,  1076-a-la. 
•  When  and  where  to  meet,  duties,  records,  Sees.  1077-85. 
Misconduct  of,  Sec.  10-87. 

County  auditor  to  furnish  supplies,  Sec.  1132,  page  78. 
Registration  on  election  day,  Sec.  1082. 
City  Clerk  to  be  custodian  of  records,  Sec.  1086. 
Illegal  registry,  Sec.  4931,  page  112. 

PART   HI. 

CALLING   THE   ELECTION— OFFICERS  AND   THEIR   TERMS— ELEC- 
TION PRECINCTS. 

Pages  55  to  62. 

"General,"  "City"  and  Special"  election  defined,  Sec.  1089. 
Election  precincts  formed,  Sec.  1090. 
Polling  precincts  in  country,  Sec.  1091. 
Notice  of  boundaries  of,  Sec.  1092. 
General   election: 
When  held,  Sec.  1057-a. 
Proclamation  for,  Sec.  1061. 
Sheriff's  notice  of,  Sec.  1062. 
Who  to  be  elected  at,  Sec.  1059. 
Term  of  officers  chosen  at,  Sec.  1060. 


vi  GENERAL  ELECTION    AND  PRIMARY  LAWS 

Special  elections: 

When  held,  Sec.  1058. 
Proclamation  for,  Sec.  1063. 
Sheriff's  notice,  Sec.  1063. 
Term  of  officers  chosen  at,  Sec.  1060. 
Officers  and  their  terms: 

State  officers  in  general,  Sec.  1065. 

Judges  supreme  court,  Sec.  1066. 

R.  R.  commissioners,  Sec.  1068. 

Judges  district  court,  Sec.  1069. 

Senators,   Sec.   1071. 

Representatives,  Sec.  1070. 

County  officers  in  general,  Sec.  1072. 

Members  board  of  supervisors,  Sec.  411,  page  57. 

Justices  and  constables,  Sec.  1073. 

Township  trustees,  Sees.  1074,  1074-a. 

Township  clerk,  Sec.  1075. 

Township  assessor,  Sees.  1075,  565,  page  59. 


PART  IV. 

THE  ELECTION. 
Division  1 — The  Conduct  of  the  Election,  pages  63  to  81. 

1.  Polling  places  and  voting  booths: 

Requirements  as  to,  Sec.  1113. 

Persons  about,  Sec.  1124. 

Constables  and  special  policemen,  Sees.  1125,  6,  9. 

Preserving  order,  Sees.  1127,  8,  33. 

Treating  near  the  polls,  Sec.  1137-a5,  page  113. 

Supplies  for,  Sees.  1130-2,  1113. 

Polls  open  and  close,  Sec.  1096. 

2.  Card  of  instructions: 

What  to  contain,  Sec.  1111. 

To  be  posted,  Sec.  1112. 

Defacing  posted  lists  or  cards,  Sec.  1135. 

3.  Ballot: 

Form  of,  Sec.  1106. 

Constitutional  amendment,  Sec.  110'6. 

Printing  of,  Sees.  1106,  7,  9. 

Defects  in,  Sec.  1122. 

Vacancy  on  how  filled,  Sec.  1108. 

Delivery  to  judges,  Sec.  1110. 

How  counted,  Sec.  1120. 

Sample  ballot  printed  and  posted,  Sec.  1112. 

Defacing  posted  lists  or  cards,  Sec.  1135. 

4.  Election     r«;v 

How  composed,  vacancies,  terms,  Sec.  1093. 

Oath  of  members  of,  Sees.  1094-5. 

Polls  open  and  close,  Sec.  1096. 

Registration  lists  delivered  to,  Sec.  1080,  page  51. 

Voting  by  ballot,  Sec.  1097. 

County  auditor  to  furnish  poll  books,  Sec.  1132. 

To  prohibit  treating,  Sec.  1137-a5,  page  113. 

False  entries,  etc.,  by,  Sec.  4927,  page  111. 

Time  allowed  voters  to  occupy  booths,  Sec.  1117. 


GENERAL  ELECTION  AND  PRIMARY  LAWS  vii 

Votes  for  township  assessor,  Sec.  1130. 

Penalty  for  neglect  or  disregard  of  duty,  Sees.  1087,  1137,  1137-a6,  4923, 
4929,  pages  54,  81,  113,  110,  111. 

5.  Voting: 

Ballot  furnished  voter — when,  Sec.  1114. 

Method  of,  Sec.  1116. 

Marking  the  ballot,  Sec.  1119. 

Voting  mark — spoiled  ballots,  Sec.  1121. 

Assistance,   Sec.   1118. 

Depositing  ballot,   Sec.  1117. 

Challenges,   Sees.  1115,   1124,  4928,  page  111. 

Women  may  vote — when,  Sec.  1131. 

Interference  with  voters,  Sees.  1134,  5,  1123,  1134-a,  b,  c. 

Time  allowed  voter  in  booth,  Sec.  1117. 

6.  Penalties   (see  also  offenses  Against  the  Rights  of  Suffrage) : 
General  provisions,  Sec.  1133. 

Interference  with  voters,  Sees.  1134,  1134-a,  b,  c,  5. 
Defacing  posted  lists  or  cards,  Sec.  1135. 
Forgery  of  papers  or  ballots,   Sec.   1136. 
Official  misconduct  or  neglect,  Sec.  1137. 

Division  2 — Judges  of  Election  to  Select  Jurors,  pages  82  to  87. 

Who  competent  to  serve,  Sec.  332. 

exempt,  Sec.  333. 

may  be  excused,  Sec.  334. 
When  lists  to  be  made,  Sec.  335. 
How  selected,  Sees.  335-a,  b,  c,  d. 
Auditor  to  apportion  among  precincts,  Sec.  336. 
Judges  of  election  to  return  names,  Sec.  337. 

Division  3 — The  Election  of  Presidential  Electors,  pages  87  to  88. 

Election  of — who  not  qualified  to  serve — how  apportioned,  Sec.  1173. 

Meeting  of,  Sec.  1174. 

Certificate  of  governor,  Sec.  1175. 

Compensation  of  electors,  Sec.  1176. 

Division  4 — Use  of  Voting  Machines,  pages  88  to  93. 

Authorized,  Sec.  1137-a7. 

Commission  to  approve,   Sees.   1137-a9,  alO. 

Who  may  purchase,  Sees.  1137-a8,  a!4. 

Construction  of,  Sec.  1137-all. 

Experimental  use  of,  Sec.  1137-al2. 

Ballot— form,  Sees.  1137-al5,  a!7,  a!8. 

Sample  ballots,  Sec.  1137-al6. 

Independent  ballots,   Sec.  1137-al9. 

Machine  to  be  in  plain  view — guard  rail,  Sec.  1137-a20. 

Care  and  custody  of,  Sec.  1137-al3. 

Election  officers,  duties,  Sec.  1137-al9. 

Method  of  voting,  Sec.  1137-a21. 

Additional  instructions  to  voters,   Sec.   1137-a22. 

Canvass  of  votes,  Sec.  1137-a24. 

Judges  to  lock  machine,  Sec.  1137-a25. 

Returns  to  be  made,  Sec.  1137-a26. 

Injury  to  machine,  Sec.  1137-a23. 

What  statutes  apply,  Sec.  1137-a27. 


viii  GENERAL  ELECTION  AND  PRIMARY  LAWS 

PART    V. 

THE  CANVASS  OF  VOTES. 
Division  1 — Canvass  "by  Judges  of  Election,  pages  04  to  98. 

Canvass,   how  and   when  made,   Sec.   1138. 

Defective  ballots,  Sec.  1139. 

Excess  of  ballots,  Sec.  1140. 

Separate  canvass  for  ballots  voted  by  women,  Sec.  1131,  page  78. 

Result  of  canvass  announced,  Sec.  1142. 

False  statement  or  list,  penalty  for,  Sec.  1087,  page  54. 

Ballots,  how  counted,  Sec.  1120,  page  73. 

not  voted,  Sec.  1141. 

to  be  preserved,  Sec.  1142. 

destroyed — when,  Sec.  1143. 

defectively  printed,  Sec.  1122,  page  75. 
Return  of  canvass  to  be  made,  Sec.  1144. 
Poll  books  to  be  returned,  Sec.  1145. 

Division  2 — Canvass  by  Town  and  Township  Officers,  page  99. 
When  and  where  made,  Sees.  1146-7,  1170,  page  106. 
Tie  vote,  Sec.  1169,  page  105. 

Division  3 — Canvass  by  Board  of  Supervisors,  pages  99  to  103. 
Returns  secured,  Sec.  1148. 

Canvass,  how  and  when  made,  Sees.  1149-54,  1170,  page  106. 
Certificates  issued,  Sees.  1155-6. 
Tie  vote,  Sec.  1169,  page  105. 
Abstracts  forwarded,  Sec.  1157. 

Division  4 — Canvass  by  Executive  Council,  pages  103  to  106. 
Returns  secured,  Sec.  1158. 

Canvass,  how  and  when  made,  Sees.  1159-64,  1170. 
Special  elections,  Sec.  1171. 
Certificates  issued,  Sees.  1165-8. 
Tie  vote,  Sec.  1169,  page  105. 
Messengers  for  returns,  Sec.  1172. 

» 

PART  VI. 

OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE. 

Division  1 — General  Provisions,  pages  107  to  112. 
Employes  may  absent  themselves,  Sec.  1123,  page  75. 
Bribery  of  electors,  Sees.  4914-16. 
Conveyance  of  voters,  permitted,  Sec.  4917. 
Residence  in  county  and  state  required,  Sees.  4920-1. 
Deceiving  voter  as  to  ballot,  Sec.  4923. 
Preventing  by  threats  or  force  others  from  voting,  Sees.  1123,  page  75. 

4924. 
Judges  and  clerks  making  false  entries,  Sec.  4927. 

illegally  receiving  or  rejecting  votes,  Sec.  4928. 
misconduct  of,   Sec.   4929. 
must  return  poll  books,  Sec.  4930. 
Illegal  registry,   Sec.  4931. 

Interference  with  voters,  Sees.  1124,  34a,  b,  c,  35,  pages  76,  79,  80. 
Services  for  hire  prohibited,  Sees.  4915-6. 
Voting  more  than  once,  Sec.  4918. 

when  not  qualified,  Sees.  4919-21. 
Counseling  those  to  vote  not  qualified,  Sec.  4922. 
Bribing  judges  and  clerks,  Sec.  4925. 
Procuring  votes  by  threats  or  force,  Sees.  1123,  page  75;   4926. 

Division  2 — Candidates'  Election  Expenses,  pages  112  to  113. 
Division  3 — Political  Contributions  by  Corporations,  pages  114  to  115. 


ELECTION  LAWS 


PART  I 

NOMINATION  OP  CANDIDATES. 


DIVISION  1. 
PRIMARY  ELECTION  LAWS 

Section  1087-al.  Primary  elections  authorized — offices  affected. 
That  from  and  after  the  passage  of  this  act  the  candidates  of  po- 
litical parties  for  all  offices  which  under  the  law  are  filled  by  the 
direct  vote  of  the  voters  of  this  state  at  the  general  election  in 
November,  (except  candidates  for  the  office  of  judge  of  the  su- 
preme, district  and  superior  courts*),  for  the  office  of  senator  in 
the  congress  of  the  United  States,  and  for  the  office  of  elector  of 
the  president  and  vice-president  of  the  United  States,  shall  be 
nominated  by  a  primary  election,  and  delegates  to  the  county  con- 
ventions of  said  political  parties  or  organizations  and  party 
county  committeemen  shall  be  elected  at  said  primary  election,  at 
the  times  and  in  the  manner  hereinafter  provided.  The  provisions 
of  chapter  three  (3)  and  four  (4),  title  six  (6),  and  chapter  eight 
(8),  title  twenty-four  (24),  of  the  code,  shall  apply  so  far  as  ap- 
plicable to  all  such  primary  elections,  the  same  as  general  elec- 
tions, except  as  hereinafter  provided.  [32  G.  A.,  eh.  51,  §  1.]  [33 
G.  A,  ch.  69,  §  1.] 

The  method  of  nomination  provided  for  in  the  statute  is  exclusive  and 
supercedes  provisions  as  to  nomination  by  district  central  committees 
found  in  Code  section  1102.  State  vs.  Hayward,  Secretary  of  State,  141- 
196. 

The  courts  have  no  jurisdiction  to  determine  the  validity  of  a  certifi- 
cate to  the  nomination  paper  of  candidates  for  state  offices.  IMd. 


*Chapter  104  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
non-partisan  nomination  and  election  of  judges.  [Supp.  to  C.  1913, 
§  1087-b  to  1087-D5.] 


2.c  •!    '      :   .     PRIMARY  ELECTION  LAWS 

Sec.  1087-a2.  Primary  election  denned.  The  term  "primary 
election"  as  used  in  this  act  shall  be  construed  to  apply  to  an 
election  by  the  members  of  various  political  parties  for  the  pur- 
pose of  placing  in  nomination  candidates  for  public  office,  for 
selecting  delegates  to  conventions,  and  for  the  selection  of  party 
committeemen.  [32  G.  A.,  ch.  51,  §  2.] 

Sec.  1087-a3.  Political  party  denned.  The  title  "political 
party"  shall  mean  a  party  which,  at  the  last  preceding  general 
election,  cast  for  its  candidate  for  governor  at  least  two  per 
centum  of  the  total  vote  cast  at  said  election,  provided  that  such 
other  political  organizations  as  may,  under  sections  1098  and  1099 
of  the  code  nominate  and  certify  candidates  and  have  their  names 
placed  upon  the  ballot  for  the  November  election,  shall  have  the 
right  so  to  do  in  the  manner  and  under  the  conditions  therein 
prescribed.  [32  G.  A.,  ch.  51,  §  3.] 

Sec.  1087-a4.  When  held.  The  primary  election  herein  pro- 
vided for  shall  consist  of  an  election  by  all  political  parties  and 
shall  be  held  at  the  usual  voting  places  of  the  several  precincts 
on  the  first  Monday  in  June,  in  the  year  nineteen  hundred  twelve, 
and  biennially  thereafter,  for  the  nomination  of  candidates  for 
such  offices  as  are  to  be  filled  at  the  general  election  in  November 
next  ensuing,  (except  candidates  for  the  office  of  judge  of  the 
supreme,  district  and  superior  courts*),  for  senator  in  the  con- 
gress of  the  United  States  in  the  next  year  preceding  the  filling 
of  that  office  by  the  general  assembly,  f  and  for  the  electors  of  the 
president  and  vice-president  of  the  United  States,  in  the  year  in 
which  a  president  and  vice-president  are  to  be  elected.  [32  G.  A., 
ch.  51,  §  4.]  [34  G.  A.,  ch.  58,  §  1.] 

Sec.  1087-a5.  Judges  and  clerks — how  selected — oath — ex- 
penses. The  judges  and  clerks  of  all  primary  elections  under  this 
act  shall  be  made  up  and  selected  and  appointed  in  the  same 
manner  as  for  the  general  election  held  in  November,  and  they 
shall  take  the  same  oath  and  the  judges  are  hereby  authorized  to 
administer  oaths  as  hereinafter  provided.  Vacancies  shall  be 
filled  as  provided  for  the  judges  and  clerks  of  the  general  elec- 

*Chapter  104  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
non-partisan  nomination  and  election  of  judges.  [Supp.  to  C.  1913, 
§  1087-b  to  1087-1)5.] 

tChapter  105,  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
election  of  United  States  Senator  by  direct  vote  of  the  people.  [Supp.  to 
C.  1913,  §  1087-c.] 


PRIMARY  ELECTION  LAWS  3 

tion.  The  expenses  of  the  primary  election  shall  be  audited  by 
the  board  of  supervisors  of  each  county  and  be  paid  the  same 
as  the  expenses  of  the  general  election.  The  compensation  of  the 
judges  and  clerks  of  the  primary  election  shall  be  the  sum  of 
twenty-five  cents  per  hour  for  all  official  services  rendered  by 
any  such  judge  or  clerk  at  any  such  election.  [32  G.  A.,  ch.  51, 
§  5.]  [33  G.  A.,  ch.  69,  §  2.] 

-The  certification  by  the  board  of  supervisors  to  the  executive  council 
of  the  expense  of  primary  elections  is  a  part  of  its  proceedings  to  be 
published  under  the  provisions  of  the  Code  Section  441.  Index  Printing 
Company  vs.  Board  of  Supervisors,  150-411. 

Sec.    1087-a6.      Australian    ballot — polls    open — ballots.      The 

Australian  ballot  system  as  now  used  in  this  state,  except  as  here- 
inafter provided,  shall  be  used  at  said  primary  election  in  all 
precincts.  The  voter  shall  in  all  cases  mark  the  ballot  in  the 
square  before  the  name  of  each  person  for  whom  he  desires  to 
vote.  In  cities  where  registration  is  required  by  law,  the  polls 
shall  be  open  from  7  :00  a.  m.  to  8  :00  p.  m.,  and  in  all  other  pre- 
cincts from  nine  o'clock  a.  m.  to  eight  o'clock  p.  m.  The  elector 
voting  at  said  primary  election  shall  be  'allowed  to  vote  for  can- 
didates for  nomination  on  the  ticket  of  only  one  political  party, 
and  that  shall  be  the  party  with  which  he  is  registered  as 
affiliated.  The  endorsement  of  the  judges  of  election  and  the  fac 
simile  of  the  auditor's  signature  shall  appear  upon  the  ballots 
as  provided  by  law  for  the  ballots  used  for  the  November  election. 
The  voter  shall  return  the  ballot  folded  to  one  of  the  judges  of 
election  who  shall  deposit  it  in  the  ballot  box.  If  any  primary 
elector  write  upon  his  ticket  the  name  of  any  person  who  is  a 
condidate  for  the  same  office  upon  some  other  party  ticket  than 
that  upon  which  his  name  shall  be  so  written,  such  ballot  shall 
be  so  counted  for  such  person  only  as  a  candidate  of  the  party 
upon  whose  ballot  his  name  is  written,  and  shall  in  no  case  be 
counted  for  such  person  as  a  candidate  upon  any  other  ticket. 
In  case  the  person  is  nominated  upon  more  than  one  ticket,  he 
shall  forthwith  file  with  the  proper  officer  a  written  declaration 
indicating  the  party  designation  under  which  his  name  is  to  be 
printed  on  the  official  ballot  for  the  general  election  following 
such  primary  election.  [32  G.  A.,  ch.  51,  §  6."]  [33  G.  -A.,  ch. 
69,  §  3.] 

Sec.  1087-a7.     First  declaration  of  party  affiliation — record. 

At  the  primary  election  to  be  held  in  June  in  the  year  nineteen 
hundred  eight  any  person  shall  be  entitled  to  participate  therein 


4  PRIMARY  ELECTION  LAWS 

who  is  a  qualified  elector  in  such  precinct  at  tHe  time  of  said 
primary, election,  and  when  the  voter  seeks  to  pass  the  guard-rail 
he  shall  indicate  the  party  ballot  he  desires  and  one  of  the  judges 
of  the  primary  election  board  shall  give  him  such  primary  ballot, 
(unless  challenged,  and  if  so  challenged,  then  only  in  the  event 
that  the  challenge  is  determined  in  favor  of  the  voter),  and  such 
person  shall  thereupon  be  allowed  to  vote.  The  voter's  selection 
shall  constitute  his  declaration  of  party  affiliation,  and  it  shall  be 
the  duty  of  the  primary  election  board  to  record  his  name  and 
check  his  declaration  of  party  affiliation  on  the  poll  books  used 
by  the  clerks  of  the  primary  election  board,  and  said  list  properly 
certified  to  by  said  primary  election  board  shall  be  returned  to 
the  county  auditor  for  preservation.  Copies  of  the  names  and 
party  entries  on  such  list  together  with  the  changes  of  party 
affiliation  as  hereinafter  provided,  arranged  alphabetically  by 
surnames,  shall  be  used  at  subsequent  primaries  for  determining 
with  what  party  the  voter  has  been  enrolled,  iand  no  voter  en- 
rolled under  the  provisions  of  this  act  shall  be  allowed  to  receive 
the  ballot  of  any  political  party  except  that  with  which  he  is  en- 
rolled, but  he  may  change  his  enrollment  as  hereinafter  provided. 
The  county  auditor  shall  prepare  for  each  voting  precinct  two 
of  the  above  mentioned  lists  duly  certified  by  him,  and  taken  from 
the  poll  books  of  the  last  preceding  primary  election,  which  he 
shall  deliver  to  the  succeeding  primary  election  boards  in  the 
year  nineteen  hundred  ten  and  biennially  thereafter,  at  least  one 
day  prior  to  the  day  of  the  primary  election,  and  which  lists 
together  with  the  poll  books  of  the  primary  election  shall  be  re- 
turned to  the  said  auditor  in  good  condition  within  twenty-four 
hours  after  the  primary  election,  to  be  preserved  by  him.  [32  G. 
A.,  ch.  51,  §  7.] 

Sec.  1087-a8.  Change  of  affiliation — first  voter — removal.  Any 
person  who  has  thus  declared  his  party  affiliation  shall  thereafter 
be  listed  on  the  poll  books  as  a  member  of  that  political  party, 
and  such  person  while  a  resident  of  the  same  voting  precinct 
need  not  declare  his  party  affiliation  at  succeeding  primary  elec- 
tions* unless  he  desires  to  change  his  party  affiliation.  Any  elector, 
who,  having  declared  his  party  affiliation,  desires  to  change  the 
same,  may,  not  less  than  ten  days  prior  to  the  date  of  any  primary 
election,  file  a  written  declaration  with  the  county  auditor  stating 
his  change  of  party  affiliation,  and  the  auditor  shall  enter  a  record 
of  such  change  on  the  poll  books  of  the  last  preceding  primary 


PRIMARY  ELECTION  LAWS  5 

election  in  the  proper  column  opposite  the  voter's  name  and  on 
the  voting  list.  Any  elector  whose  party  affiliation  has  for  any 
reason  not  been  registered  or  any  elector  who  has  changed  his 
residence  to  another  precinct,  or  a  first  voter  or  citizen  of  this 
state  casting  his  first  vote  in  this  state  shall  be  entitled  to  vote 
at  any  subsequent  primary  election  in  the  same  manner  and  upon 
the  same  terms  as  provided  in  section  seven  (7)  of  this  act,  and 
the  clerks  of  the  primary  election  shall  record  his  party  affilia- 
tion and  the  county  auditor  shall  add  his  name  to  the  alphabetical 
lists  for  use  in  subsequent  primary  elections  as  provided  for  in 
section  seven  (7)  of  this  act.  [32  G.  A.,  ch.  51,  §  8.] 

Sec.  1087-a9.  Challengers — affidavit.  Each  political  party  shall 
be  entitled  to  have  two  party  challengers  present  at  each  polling 
place,  to  be  appointed  by  the  respective  party  committeemen. 
Any  judge  or  clerk  of  the  primary  election  or  any  party  chal- 
lenger may  challenge  any  voter  upon  the  grounds  mentioned  in 
section  eleven  hundred  fifteen  (1115)  of  the  code  'and  such  chal- 
lenge shall  be  determined  as  there  provided.  Any  elector  whose 
party  affiliation  has  been  recorded  as  provided  by  this  act  and 
who  desires  to  change  his  party  affiliation  on  the  primary  election 
day,  shall  be  subject  to  challenge.  If  the  person  challenged  in- 
sists that  he  is  entitled  to  vote  the  ticket  of  the  political  party  to 
which  he  has  transferred  his  political  affiliation  and  the  challenge 
is  not  withdrawn,  one  of  the  judges  shall  tender  to  him  the  fol- 
lowing oath:  "You  do  solemnly  swear  (or  affirm)  that  you  have 
in  good  faith  changed  your  party  affiliation  to  and  desire  to  be  a 

member  of  the party."    And  if  he  takes  such  oath 

he  shall  thereupon  be  given  a  ticket  of  such  political  party  and 
the  clerks  of  the  primiary  election  shall  change  his  enrollment  of 
party  affiliation  accordingly.  [32  G.  A.,  ch.  51,  §  9.] 

The  judges  of  a  primary  election  have  no  duty  imposed  upon  them 
with  reference  to  the  right  of  one  proposing  to  cast  a  ballot  at  such 
election,  save  that  of  entertaining  the  challenge  and  requiring  the  pro- 
posed voter  to  take  the  prescribed  oath  as  to  his  qualifications.  Jones  vs. 
Fisher,  156-582. 

Sec.  1087-alO.  Nomination  papers — candidates — affidavit.  No 
candidate  for  an  elective  county  office  shall  have  his  name  printed 
upon  the  official  primary  ballot  of  his  party  unless  at  least  thirty 
days  prior  to  the  day  fixed  for  holding  the  primary  election  a 
nomination  paper  shall  have  been  filed  in  his  behalf  in  the  office 
of  the  county  auditor;  and  no  candidate  for  nomination  for  an 
elective  state  office,  or  for  representative  in  the  congress  of  the 


6  PRIMARY  ELECTION  LAWS 

United  States,  or  member  of  the  general  assembly,  shall  have  his 
name  printed  upon  the  official  primary  ballot  of  his  party  unless 
at  least  forty  days  prior  to  such  primary  election  a  nomination 
paper  shall  have  been  filed  in  his  behalf  in  the  office  of  the  secre- 
tary of  state ;  and  no  member  of  a  political  party  desiring  or  in- 
tending to  be  a  candidate  for  the  office  of  senator  in  the  congress 
of  the  United  States,  or  a  candidate  for  the  office  of  elector  of  the 
president  and  vice-president  of  the  United  States,  shall  have  his 
name  printed  upon  the  official  primary  ballot  of  his  party  in  any 
election  precinct  unless  at  least  forty  days  prior  to  such  primary 
election  a  nomination  paper  shall  have  been  filed  in  his  behalf  in 
the  office  of  the  secretary  of  state.  A  candidate  for  :an  office  to 
be  filled  by  the  voters  of  any  sub-division  of  a  county,  or  a  candi- 
date for  party  committeeman,  shall  not  be  required  to  file  any 
nomination  paper  or  papers.  All  nomination  papers  shall  be  in 
substantially  the  following  form : 

"I,  the  undersigned,  a  qualified  elector  of county, 

and  state  of  Iowa,  and  a  member  of  the party, 

hereby  nominate of county, 

state  of  Iowa,  who  has  affiliated  with  and  is  a  member  of  the 

party,  as  a  candidate  for  the  office  of 

to  be  voted  for  at  the  primary  election  to  be  held  in  June,  19. .  ", 
and  shall  consist  of  sheets  of  uniform  size  about  Sy2  by  13  inches. 
No  signatures  shall  be  counted  unless  they  are  on  sheets  each 
having  such  form  written  or  printed  at  the  top  thereof.  Each 
signer  of  a  nomination  paper  shall  sign  but  one  such  nomination 
paper  for  the  same  office,  except  where  more  than  one  officer  is 
to  be  elected  to  the  same  office,  in  which  case  he  may  sign  as 
many  nomination  papers  as  there  are  officers  to  be  elected,  and 
only  one  candidate  shall  be  petitioned  for  or  nominated  in  the 
same  nomination  paper.  Each  signer  of  a  nomination  paper  shall 
add  his  residence  with  street  and  number,  if  any,  and  the  date  of 
signing.  For  all  nominations,  all  signers  of  each  separate  part  of 
a  nomination  paper  shall  reside  in  the  same  county.  When  more 
than  one  sheet  is  used  for  any  nomination  paper,  the  sheets  shall 
be  laid  one  upon  the  other  and  neatly,  evenly,  and  securely 
fastened  together  before  filing,  and  shall  be  considered  as  one 
nomination  paper  only.  A  nomination  paper,  when  filed,  shall 
not  be  withdrawn  nor  added  to,  nor  any  signature  thereon  re- 
voked. The  affidavit  of  a  qualified  elector  shall  be  appended  to 
each  such  nomination  paper,  or  papers,  if  more  than  one  for  any 


PRIMARY   ELECTION   LAWS  7 

candidate,  stating  that  he  is  personally  acquainted  with  all  the 
persons  who  have  signed  the  same;  that  he  knows  them  to  be 
electors  of  that  county  and  believes  them  to  be  affiliated  with  the 
party  named  therein;  that  he  knows  that  they  signed  the  same 
with  full  knowledge  of  the  contents  thereof ;  that  their  respective 
residences  are  truly  stated  therein;  and  that  each  signer  signed 
the  same  on  the  date  stated  -opposite  his  name,  but  such  affidavit 
shall  not  be  made  by  the  candidate.  Eaeh  and  every  candidate 
shall  make  and  file  his  'affidavit  stating  that  he  is  eligible  to  the 
office  for  the  township,  county,  district  or  state  in  which  he  is 
and  will  be  a  bona  fide  candidate  for  nomination  for  said  office, 
and  shall  file  such  affidavit  with  the  said  nomination  paper  or 
papers,  when  such  pajper  or  papers  are  required.  If  no  such 
paper  or  papers  are  required,  then  he  shall  file  such  affidavit 
alone,  or  there  shall  be  filed  a  nomination  paper  signed  by  ten 
qualified  voters  of  any  sub-division  of  a  county  with  the  county 
auditor,  at  least  fifteen  days  prior  to  such  primary  election,  and 
the  filing  of  such  affidavit  or  such  nomination  paper  shall  entitle 
such  candidate  to  have  his  name  printed  on  the  official  primary 
ballot  of  his  party.  Such  affidavit  shall  be  in  form  and  substance 
as  follows: 

"I being  duly  sworn,  say  that  I  reside 

at street,   (city  or  town)   of ,  county 

of in  the  state  of  Iowa ;  that  I  am  eligible  to  the 

office  for  which  I  'am  a  candidate,  and  that  the  political  party 

with  which  I  affiliate  is  the party ;  that  I  am  a 

candidate  for  nomination  to  the  office  of to  be  made 

at  the  primary  election  to  be  held  in  June,  19 . . . . ,  and  hereby 
request  that  my  name  be  printed  upon  the  official  primary  ballot 

as  provided  by  law,  as  a  candidate  of  the party. 

I  furthermore  declare  that  if  I  am  nominated  and  elected  I  will 
qualify  as  such  officer. ' ' 

(Signed) 

Subscribed  and  sworn  to  (or  affirmed)  before  me 

by on  this day  of ,  19 .... 

The  nomination  papers  above  required  shall  be  signed  as 
follows : 

(1).  If  for  a  state  office,  United  States  senator,  or  elector  at 
large,  by  at  least  one  per  centum  of  the  voters  of  the  party  (as 
shown  by  the  returns  of  the  last  general  election)  of  such  candi- 
dates, in  each  of  at  least  ten  counties  of  the  state,  and  in  the 


8  PRIMARY  ELECTION  LAWS 

aggregate  not  less  than  one-half  of  one  per  centum  of  the  total 
vote  of  his  party  in  the  state,  as  shown  by  the  last  general 
election. 

(2).  If  for  a  representative  in  congress,  district  elector,  or 
senator  in  the  general  assembly  in  districts  composed  of  more 
than  one  county,  by  at  least  two  per  centum  of  the  voters  of  his 
party,  as  shown  by  the  last  general  election,  in  at  least  one-half 
of  the  counties  of  the  district,  and  in  the  aggregate  not  less  than 
one  percentum  of  the  total  vote  of  his  party  in  such  district,  as 
shown  by  the  last  general  election. 

(3).  If  for  an  office  to  be  filled  by  the  voters  of  the  county,  by 
at  least  two  per  centum  of  the  party  vote  in  the  county,  as  shown 
by  the  last  general  election. 

In  each  of  the  above  cases,  the  vote  to  be  taken  for  the  purpose 
of  computing  the  percentage  shall  be  the  vote  cast  for  the  head 
of  the  ticket.  All  nomination  papers  shall  be  destroyed  at  the 
same  time  and  in  the  manner  in  which  the  primary  election  ballots 
are  destroyed.  [32  G.  A.,  ch.  51,  §  10.]  [33  G.  A.,  ch.  69,  §  4.] 
[35  G.  A.,  ch.  110,  §  1.] 

Sec.  1087-all.  Blank  nomination  papers.  The  secretary  of 
state  shall  cause  to  be  printed  and  keep  on  hand  a  sufficient 
quantity  of  nomination  paper  blanks  in  form  as  provided  for  in 
this  'act  and  shall  furnish  the  same  on  application  to  any  qualified 
elector  in  the  state  desiring  to  petition  for  the  nomination  of  any 
candidate,  or  to  a  person  who  intends  to  be  a  candidate  for  any 
office  whose  nomination  paper  is  required  to  be  filed  in  his  office ; 
and  the  county  auditor  of  each  county  shall  likewise  cause  to  be 
printed  and  keep  on  hand  a  sufficient  quantity  of  such  nomination 
paper  blanks  and  furnish  the  same  on  application  to  any  qualified 
elector  in  his  county  desiring  to  petition  for  the  nomination  of 
any  candidate,  or  to  a  person  who  intends  to  be  a  candidate,  for 
any  office  whose  nomination  paper  is  required  to  be  filed  in  his 
office.  [32  G.  A.,  ch.  51,  §  11.] 

Sec.  1087-al2.  Nomination  certified  to  county  auditor — order 
on  ballot — notice  published.  At  least  thirty  days  before  any  such 
primary  election,  the  secretary  of  state  shall  transmit  to  each 
county  auditor  a  certified  list  containing  the  name  and  postoffice 
address  of  each  person  for  whom  a  nomination  paper  has  been 
filed  in  his  office,  in  accordance  with  the  provisions  of  section  ten 


PRIMARY  ELECTION   LAWS  9 

of  this  act  and  entitled  to  be  voted  for  at  such  primary  election 
by  the  voters  of  such  county,  together  with  a  designation  of  the 
office  for  which  he  is  a  candidate,  and  the  party  from  which  he 
seeks  a  nomination. 

Such  lists  shall  also  designate  the  order  in  which  the  names  of 
all  candidates  for  the  office  of  senator  in  the  congress  of  the 
United  States  and  for  offices  to  be  filled  by  the  voters  of  the  entire 
state  shall  be  arranged  and  printed  upon  the  primary  election 
ballots  in  each  county,  in  the  following  manner,  to-wit :  The 
secretary  of  state  shall  prepare  a  list  of  the  counties  of  the  state 
for  each  political  party  by  arranging  the  various  counties  in  the 
order  of  the  vote  cast  by  each  political  party  in  each  county  for 
its  candidate  for  governor  at  the  last  preceding  general  election, 
or  for  the  head  of  the  ticket  of  any  political  party  when  it  had 
no  candidate  for  governor  at  such  election,  numbering  the  coun- 
ties consecutively  on  each  list  from  1  to  99,  both  inclusive,  be- 
ginning with  the  county  which  cast  the  largest  vote,  which  shall 
be  numbered  '!.'  He  shall  then  arrange  the  surnames  of  such 
candidates  in  alphabetical  order  for  the  respective  offices  for  the 
several  political  parties  for  the  first  county  on  the  respective  lists ; 
thereafter,  for  each  succeeding  county,  the  names  appearing  first 
for  the  respective  offices  in  the  last  preceding  county  shall  be 
placed  last,  so  that  the  names  that  occupied  second  position  be- 
fore the  change  shall  occupy  first  position  after  the  change.  Such 
auditor  shall  forthwith  publish  a  proclamation  of  the  time  of  hold- 
ing the  primary  election,  the  hours  during  which  the  polls  will 
be  open,  the  offices  for  which  candidates  are  to  be  nominated  and 
that  the  primary  election  will  be  held  in  the  regular  polling  places 
in  each  precinct.  Such  notice  shall  be  published  once  each  week 
for  two  consecutive  weeks  before  the  primary  election,  in  not  to 
exceed  two  newspapers  of  general  circulation  in  such  county. 
One  of  such  newspapers  shall  represent  the  political  party  which 
cast  the  largest  vote  in  such  county  at  the  last  preceding  general 
election,  and  the  other,  if  any,  that  shall  represent  the  political 
party  which  cast  the  next  largest  vote  in  such  county  at  such 
general  election.  The  county  auditor  shall  correct  any  errors  or 
omissions  in  names  of  candidates  and  any  other  errors  brought  to 
his  knowledge  before  the  printing  of  the  ballots.  [32  G.  A.,  ch. 
51,  §  12.]  [33  G.  A.,  ch.  69,  §  5.1 

Sec.   1087-al3.     Repeal — printing — order  of  names  on  ballot. 
That  the  law  as  it  appears  in  section  one  thousand  eighty-seven^ 


10  PRIMARY  ELECTION  LAWS 

a!3  (1087-al3)  of  the  supplement  to  the  code,  1907,  be,  and  the 
same  is  hereby,  repealed  and  the  following  enacted  as  a  substitute 
therefor : 

"The  names  of  the  candidates  of  each  political  party  for  nom- 
ination for  the  several  offices,  and  for  party  committeemen  and 
blank  spaces  for  the  delegates  to  the  county  convention  shall  be 
printed  in  black  ink  on  separate  sheets  of  paper,  uniform  in  color, 
quality,  texture  and  size,  with  the  name  of  the  political  party 
printed  at  the  head  of  said  ballots,  which  ballots  shall  be  pre- 
pared by  the  county  auditor  in  the  same  manner  as  for  the  gen- 
eral election,  except  as  in  this  chapter  otherwise  provided.  The 
names  of  candidates  for  the  office  of  senator  in  the  congress  of  the 
United  States  and  for  offices  to  be  filled  by  the  voters  of  the  entire 
state  shall  be  arranged  and  printed  on  the  primary  election  bal- 
lots in  the  order  in  which  they  are  certified  by  the  secretary  of 
state.  The  names  of  candidates  for  offices  to  be  filled  by  the 
voters  of  a  county,  and  by  the  voters  of  any  district  of  the  state 
composed  of  more  than  one  county,  shall  be  arranged  and  printed 
upon  the  primary  election  ballots  in  the  following  manner,  to-wit : 
The  county  auditor  shall  prepare  a  list  of  the  election  precincts 
of  his  county,  by  arranging  the  various  townships,  towns  and 
cities  in  the  county  in  alphabetical  order  and  the  wards  or  pre- 
cincts of  each  city,  town  or  township  in  numerical  order  under 
the  name  of  such  city,  town  or  township.  He  shall  then  arrange 
the  surnames  of  all  candidates  for  such  offices  alphabetically  for 
the  respective  offices  for  the  first  precinct  in  the  list;  thereafter, 
for  each  succeeding  precinct,  the  names  appearing  first  for  the 
respective  offices  in  the  last  preceding  precinct  shall  be  placed 
last,  so  that  the  names  that  were  second  before  the  change  shall 
be  first  after  the  change.  The  names  of  candidates  for  all  offices 
to  be  filled  by  the  voters  of  a  territory  smaller  than  a  county  shall 
be  arranged  and  printed  alphabetically  according  to  the  surnames 
for  the  respective  offices.  [33  G.  A.,  ch.  69,  §  6.] 

Sec.  1087-al4.  Ballot — form.  The  official  primary  election  bal- 
lot shall  be  prepared,  arranged  and  printed  substantially  in  the 
following  form: 


PRIMARY  ELECTION  LAWS  11 

PRIMARY  ELECTION  BALLOT 

(Name  of  Party) 
of 

Township  or  Precinct, Ward,  City  or  town 

of ,  County  of ,  State  of  Iowa. 

Primary  election  held  on  the day  of  June,  19.  ... 

FOR  UNITED  STATES  SENATOR. 

(Vote  for  one.) 
D  William  K.  Brown 
D  J.  R.  Wayne 
D 


FOR  GOVERNOR. 

(Vote  for  one.) 
Q  Howard  Collins 
Q  William  Longley 

D 

(Followed  by  other  elective  state  and  district  officers  in  order.) 

FOR  COUNTY  AUDITOR. 

(Vote  for  one.) 
D  William  Strong 
Q  Robert  Thompson 


(Followed  by  other  elective  county  officers  in  order.) 

FOR  DELEGATES  TO  COUNTY  CONVENTION. 

(Vote  for ) 


D 
D 


D ...... 

FOR  TOWNSHIP  CLERK. 

(Vote  for  one.) 
D  John  H.  Black 
D  Joseph  Raymond 

n 


12  PRIMARY  ELECTION  LAWS 

FOR  TOWNSHIP  TRUSTEES. 

(Vote  for  two.*) 
Q  Clarence  Foster 
Q  William  Jones 
D  H.  S.  Wilson 

D  

(Followed  by  other  elective  township  officers  in  order.) 

FOR  PARTY  COMMITTEEMAN. 

(Vote  for  one.) 
Q  John  Doe 
Q  Richard  Roe 

n 

[32  G.  A.,  ch.  51,  §  14.]     [33  G.  A.,  ch.  69,  §  7.] 

Sec.  1087-al5.  Repeal — sample  ballots.  That  the  law  as  it 
appears  in  section  one  thousand  eighty-seven-a!5  (1087-al5)  of 
the  supplement  to  the  code,  1907,  be,  and  the  same  is  hereby,  re- 
pealed and  the  following  enacted  as  a  substitute  therefor : 

"After  the  printing  of  the  official  ballots,  the  county  auditor 
shall  change  a  sufficient  number  thereof  to  supply  each  voting 
precinct  in  the  county  with  ten  sample  ballots  of  each  political 
party.  The  auditor  shall  change  the  same  by  writing  or  stamp- 
ing the  words  'sample  ballot'  in  red  ink  near  the  top  of  each  of 
such  ballots,  and  by  signing  his  name  or  stamping  a  fac  simile 
thereof  and  his  title  of  office  immediately  thereunder.  Such 
sample  ballots  shall  not  be  voted,  received  or  counted  in  any 
primary  election.  The  county  auditor  shall  distribute  such 
sample  ballots  with  the  official  ballots,  and  it  shall  be  the  duty  of 
the  judges  of  election  to  see  that  such  sample  ballots  are  posted 
in  and  about  the  polling  places  upon  the  day  of  the  primary  elec- 
tion and  before  the  opening  of  the  polls."  [33  G.  A.,  ch.  69,  §  8.] 

Sec.  1087-al6.  Supplies — poll  books.  All  necessary  election 
supplies,  including  poll  books  as  provided  by  law,  for  the  general 
election,  together  with  a  sufficient  number  of  official  primary 
ballots  of  each  party,  shall  be  furnished  for  the  primary  election 
board  for  each  precinct  by  the  county  auditor,  and  such  poll 
books  shall  contain  blank  spaces  for  the  names  of  the  candidates 
of  the  several  parties  for  the  different  offices  to  be  written  in,  and 

*Section  1074  of  the  Code  Supplement  requires  the  election  of  three 
trustees  at  each  general  election;  therefore  on  the  Primary  Ballot  this 
should  read  "Vote  for  three." 


PRIMARY  ELECTION  LAWS 


13 


blank  spaces  for  entering  by  the  clerks  the  names  of  the  electors 
voting  at  said  primary  election ;  and  upon  the  pages  provided  for 
entering  the  names  of  said  voters  there  shall  be  ruled  spaces  for 
the  listing  of  the  names  of  said  voters  and  for  the  designation  of 
the  party  ticket  voted  by  said  elector  in  manner  and  form  sub- 
stantially as  follows : 


z 

Name 

. 

Republi- 
can 

Democrat 

Prohibi- 
tionist 

Socialist 

1 

James  Smith    .       

X 

1 

2 

Tom  Jones 

X 

^ 

Dan  Brown  

X 

\ 

George  White 

X 

! 

It  shall  be  the  duty  of  the  clerks  of  the  primary  election  when 
entering  the  name  of  a  voter  to  place  in  the  poll  books  a  cross 
thus  (X)  in  the  column  designating  the  party  ticket  which  was 
given  to  said  voter  upon  his  application  for  a  ticket.  [32  G.  A., 
ch.  51,  §  16.] 

Sec.  1087-al7.  Ballots  counted — returns.  Upon  the  closing  of 
the  polls  the  clerks  and  judges  shall  immediately  open  the  ballot 
box  and  proceed  to  take  therefrom  the  ballots.  Said  officers  shall 
count  the  number  of  ballots  cast  for  each  party,  at  the  same  time 
bunching  the  tickets  cast  for  each  party,  in  separate  piles.  As 
soon  as  the  clerks  and  judges  shall  have  sorted  the  ballots  .of  each 
party,  separately,  they  shall  take  the  tally  sheets  provided  in  the 
poll  books  and  shall  count  all  the  ballots  for  each  party  sep- 
arately until  the  count  is  completed,  and  shall  certify  to  the  num- 
ber of  votes  cast  for  each  candidate  for  each  office  upon  the 
ticket  of  each  party.  After  all  have  been  counted  and  certified  to 
by  the  clerks  and  judges,  they  shall  seal  the  ballots  cast  by  each 
of  the  parties  in  separate  envelopes,  on  the  outside  of  which  shall 
be  printed  or  written  the  names  of  that  party's  candidates  for  the 
different  offices,  and  opposite  each  candidate's  name  shall  be 
placed  the  number  of  votes  cast  for  such  candidate  in  said  pre- 
cinct, and  then  seal  the  envelopes  containing  the  votes  of  the 
different  political  parties,  in  one  large  envelope,  on  the  outside 
of  which,  or  on  a  paper  attached  thereto,  shall  be  printed  or 
written,  in  perpendicular  columns,  the  names  of  the  several 
political  parties  with  the  names  of  the  candidates  for  the  different 
offices  under  their  respective  party  headings,  and  opposite  each 


14  PRIMARY  ELECTION  LAWS 

candidate's  name  shall  be  placed  the  number  of  votes  cast  for 
such  candidate  in  said  precinct,  and  at  the  bottom  the  total  vote 
cast  by  each  political  party  in  said  precinct,  and  such  envelopes 
shall  be  returned  to  the  county  auditor,  who  shall  carefully  pre- 
serve the  same  in  said  condition  and  deliver  them  to  the  county 
board  of  canvassers.  But  any  elector  of  the  county  shall  have 
the  right,  before  the  day  fixed  for  canvassing  the  returns,  to 
ascertain  the  vote  cast  for  any  candidate  in  any  precinct  in  the 
county,  as  shown  on  the  outside  of  the  large  envelope.  Said 
judges  of  election  shall  deliver  the  returns  so  made,  together  with 
the  poll  books,  including  tally  sheets  and  certificates  of  the 
judges  and  clerks  written  thereon,  to  the  county  auditor  within 
twenty-four  hours  after  the  primary  election  has  closed;  and  if 
the  returns  from  any  precinct  be  not  so  delivered  within  the  said 
time,  the  county  auditor  shall  forthwith  send  a  messenger  for  any 
such  missing  returns,  and  said  messenger  shall  be  paid,  as  pro- 
vided by  law,  for  the  general  election.  [32  G.  A.,  ch.  51,  §  17.] 

In  case  the  returns  from  any  precinct  are  challenged  the  board  of 
supervisors  has  no  authority  to  do  more  than  to  recount  the  ballots  and 
verify  and  correct  the  returns.  It  has  no  authority  to  pass  upon  the 
qualifications  to  vote  of  persons  who  in  fact  vote  at  such  election.  Jones 
vs.  Fisher,  156-582. 

Sec.  1087-al8.  Repeal — recount  of  ballots.  That  the  law  as  it 
appears  in  section  one  thousand  eighty-seven-'al8  (1087-al8)  of 
the  supplement  to  the  code,  1907,  be,  and  the  same  is  hereby,  re- 
pealed and  the  following  enacted  as  a  substitute  -therefor: 

"Any  candidate  whose  name  appears  upon  the  official  primary 
ballot  of  any  voting  precinct  may  require  the  board  of  super- 
visors of  the  county  in  which  such  precinct  is  situated  to  recount 
the  ballots  cast  in  any  such  precinct  as  to  the  office  for  which  he 
was  a  candidate,  at  the  time  fixed  for  canvassing  the  returns  of 
the  judges  of  election,  by  filing  with  the  county  auditor  not  later 
than  the  day  before  such  meeting,  a  showing  in  writing,  duly 
sworn  to  by  such  candidate,  that  fraud  was  committed,  or  error 
or  mistake  made,  in  counting  or  returning  the  votes  cast  in  any 
such  precinct  as  to  the  office  for  which  he  was  a  candidate.  The 
showing  must  be  specific  and  from  it  there  must  appear  reason- 
able ground  to  believe  that  recount  of  the  ballots  would  produce 
a  result  as  to  his  candidacy  different  from  the  returns  made  by 
the  judges.  If  such  showing  is  made  to  the  satisfaction  of  the 
board,  it  shall  thereupon  recount  the  ballots  cast  in  any  such  pre- 
cinct for  the  office  for  which  the  contestant  was  a  candidate,  and 


PRIMARY  ELECTION  LAWS  15 

if  the  result  reached  by  the  board  on  the  recount  of  the  ballots 
as  to  such  office  be  different  from  that  returned  by  the  judges  of 
election  it  shall  be  substituted  therefor  as  the  true  and  correct 
return  and  so  regarded  in  all  subsequent  proceedings.  The  action 
of  the  board  shall  be  final  and  no  other  contest  of  any  kind  shall 
be  permitted.  The  term  'candidate'  as  used  in  this  section  shall 
include  and  apply  to  persons  voted  for  for  delegates  and  party 
committeemen."  [33  G.  A.,  ch.  69,  §  9.] 

Under  this  section  as  amended  by  33rd  G.  A.,  ch.  69,  section  9,  held 
that  the  power  conferred  upon  the  board  of  supervisors  is  to  recount  the 
ballots  actually  cast  for  the  purpose  of  correcting  the  returns  if  they  be 
found  erroneous  through  fraud  or  mistake.  No  authority  is  conferred 
upon  the  board  to  determine  whether  the  persons  who  cast  ballots  in 
the  precinct  at  the  primary  election  were  entitled  to  cast  such  ballots. 
Jones  vs.  Fisher,  156-582. 

Where  the  returns  from  a  precinct  were  counted  and  the  board  ascer- 
tained by  examination  of  the  voting  machines  used  that  the  votes  shown 
were  correctly  returned,  held  that  the  board  could  not  proceed  further  to 
hear  witnesses  for  the  purpose  of  finding  whether  persons  had  voted  at 
the  primary  election  in  such  precinct  who  were  not  qualified  to  vote.  Ibid. 

In  a  proceeding  by  certiorari  to  annul  alleged  illegal  action  of  the 
board  as  a  board  of  canvassers  in  declaring  the  result  of  the  recount  of 
the  ballots  cast  at  the  primary  election,  held  that  the  court  might  deter- 
mine that  the  action  of  the  board  in  announcing  a  result  based  upon  the 
receipt  of  evidence  that  persons  had  voted  at  such  primary  election  who 
were  not  authorized  to  so  vote,  was  illegal.  Ibid. 

Sec.  1087-al9.    Canvass  by  board  of  supervisors — certificates. 

"On  the  second  Tuesday  next  following  the  primary  election  in 
June,  the  board  of  supervisors  shall  meet,  open,  and  canvass  the 
returns  from  each  voting  precinct  in  the  county,  and  make 
abstracts  thereof,  stating  in  words  written  at  length  the  number 
of  ballots  cast  in  the  county  by  each  political  party,  separately, 
for  each  office,  the  name  of  each  person  voted  for  and  the  number 
of  votes  given  to  each  person  for  each  different  office  and  shall 
sign  and  certify  thereto  and  file  the  same  with  the  county  'auditor. 
Such  canvass  and  certificate  shall  be  final  as  to  all  candidates  for 
nomination  to  any  elective  county  office  or  office  of  a  sub-division 
of  a  county;  and  the  candidate  or  candidates  of  each  political 
party  for  each  office  to  be  filled  by  the  voters  of  any  sub-division 
of  a  county  having  received  the  highest  number  of  votes  shall  be 
duly  and  legally  nominated  as  the  candidate  of  his  party  for  such 
office.  Provided,  however,  that  no  candidate  whose  name  is  not 
printed  on  the  official  primary  ballot,  who  receives  less  than  five 
per  centum  of  the  votes  cast  in  such  sub-division  for  governor  on 
the  party  ticket  with  which  he  affiliates,  at  the  last  general  elec- 
tion, nor  less  than  five  votes  shall  be  declared  to  Have  been 
nominated  to  any  such  office ;  and  the  candidate  or  candidates  of 


16  PRIMARY  ELECTION  LAWS 

each  political  party  for  each  office  to  be  filled  by  the  voters  of 
the  county  having  received  the  highest  number  of  votes,  and  not 
less  than  thirty-five  per  centum  of  all  the  votes  cast  by  the  party 
for  such  office,  shall  be  duly  and  legally  nominated  as  the  candi- 
date of  his  party  for  such  office.  Provided,  however,  that  no  can- 
didate whose  name  is  not  printed  on  the  official  ballot,  who  re- 
ceives less  than  ten  per  centum  of  the  whole  number  of  votes 
cast  in  the  county  for  governor  on  the  party  ticket  with  which 
he  affiliates,  at  the  last  general  election,  shall  be  declared  to  have 
been  nominated  to  any  such  office ;  and  each  candidate  so  nom- 
inated shall  be  entitled  to  have  his  name  printed  on  the  official 
ballot  to  be  v?ted  for  at  the  general  election  without  other  cer- 
tificate, and  the  board  shall  prepare  and  certify  a  list  of  the 
candidates  of  each  party  so  nominated,  separately,  and  deliver  to 
the  chairman  of  each  party  central  committee  for  the  county  a 
copy  of  the  list  of  candidates  nominated  by  the  party  he  repre- 
sents; and  shall  also  prepare,  certify  and  deliver  to  such  chair- 
man a  list  of  the  offices  to  be  filled  by  the  voters  of  a  county  for 
which  no  candidate  of  his  party  was  nominated,  together  with  the 
names  of  the  candidates  for  each  of  such  offices  voted  for  at  the 
primary  election  and  the  number  of  votes  received  by  each  of 
such  candidates."  [32  G.  A.,  ch.  51,  §  19.]  [33  G.  A.,  ch.  69, 
§  10.]  [34  G.  A.,  ch.  59.] 

Nominations  of  county  supervisors  by  districts  does  not  give  the  nom- 
inees a  vested  right  to  be  placed  on  the  official  ballot,  and  if  under  the 
provisions  of  Code  Sec.  416  supervisor  districts  are  abolished  after  the 
nomination  of  candidates  for  supervisors  therein  such  nominees  are  not 
entitled  to  have  their  names  on  the  official  ballots  for  election  in  such 
districts.  Lahart  vs.  Thompson,  140-298. 

The  certificate  of  nomination  from  the  board  of  supervisors  is  final  as 
to  all  candidates  for  nomination  to  any  county  office  or  office  of  a  sub- 
division of  a  county;  but  held  that  where  a  vacancy  was  created  in  the 
nomination  for  county  supervisor  by  a  re-districting  of  the  county  the 
certificate  was  no  longer  of  any  effect.  State  vs.  Parker,  147-69, 

Sec.  1087-a20.    Abstracts  forwarded  to  secretary  of  state.    The 

county  board  of  canvassers  shall  also  make  a  separate  abstract 
of  the  canvass  as  to  the  following  offices  and  certify  to  the  same 
and  forthwith  forward  it  to  the  secretary  of  state,  viz. : 

United   States   senator, 

Electors  of  the  president  and  vice-president  of  the  United 
States, 

All  state  officers, 

Representative  in  congress, 

Senators  and  representatives  in  the  general  assembly.  [32  G.  A., 
eh.  51,  §  20.] 


PRIMARY  ELECTION  LAWS  17 

Sec.  1087-a21.  County  returns — filed — proceedings — printed — 
what  to  contain.  When  the  canvass  is  concluded,  the  board  shall 
deliver  the  original  returns  to  the  auditor,  who  shall  file  the  same 
and  record  ea?h  of  the  abstracts  above  mentioned  in  the  election 
book. 

The  published  proceedings  of  the  board  of  supervisors  as  a 
canvassing  board  shall  contain  only  a  brief  statement  of  the 
names  of  the  candidates  nominated  by  the  electors  of  any  county 
or  sub-division  thereof  under  the  title  of  the  office  for  which  they 
are  nominated,  and  a  statement  of  the  title  of  the  office  for  which 
they  are  nominated,  and  a  statement  of  the  title  of  the  county 
offices,  if  any,  for  which  no  nomination  was  made  by  any  political 
party  participating  in  the  primary  election  for  the  failure  of  any 
one  of  its  candidates  for  any  office  to  receive  thirty-five  per 
centum  of  all  the  votes  cast  by  the  party  for  such  office.  [32 
G.  A.,  ch.  51,  §  21.]  [33  G.  A.,  ch.  69,  §  11.] 

Sec.  1087-a22.  Canvas's  by  state  board— certificates.  On  the 
second  Monday  after  the  June  primary  election,  the  executive 
council  shall  meet  as  a  canvassing  board,  and  open  and  canvass 
the  abstract  returns  received  from  each  county  in  the  state.  If 
returns  are  not  received  from  all  the  counties,  the  secretary  of 
state  shall  immediately  send  a  messsenger  after  the  abstract  re- 
turns and  the  board  may  adjourn  from  day  to  day  until  they  are 
received.  The  board  shall  make  an  abstract  of  its  canvass,  stating 
in  words  written  at  length,  the  number  of  ballots  cast  by  each 
political  party  separately,  for  each  office  designated  in  section 
twenty  hereof,  the  names  of  all  the  persons  voted  for,  and  the 
number  of  votes  received  by  each  person  for  each  office,  and  shall 
sign  and  certify  thereto.  Such  canvass  and  certificates  shall  be 
final  as  to  all  candidates  named  therein;  and  the  candidate  of 
each  political  party  for  each  office  to  be  filled  by  vote  of  the 
people,  having  received  the  highest  number  of  votes  in  the  state 
or  district  of  the  state,  as  the  case  may  be,  provided  he  received 
not  less  than  thirty-five  per  centum  of  all  the  votes  cast  by  the 
party  for  such  office,  shall  be  duly  and  legally  nominated  as  the 
candidate  of  his  party  for  such  office  'and  entitled  to  have  his 
name  printed  on  the  official  ballot  to  be  voted  at  the  general 
election  without  other  certificate;  and  the  board  shall  prepare 
and  certify  a  list  of  the  candidates  of  each  party  so  nominated, 
separately,  and  deliver  to  the  chairman  of  each  party  central 
committee  for  the  state  a  copy  of  the  list  of  candidates  nominated 
2 


18  PRIMARY  ELECTION  LAWS 

by  the  party  he  represents;  and  shall  also  forthwith  prepare  a 
certificate  as  to  each  office,  separately,  for  which  no  candidate 
was  nominated,  by  reason  of  the  failure  of  any  candidate  for  any 
such  office  to  receive  thirty-five  per  centum  of  all  votes  cast  by 
such  party  for  such  office,  together  with  the  names  of  the  several 
candidates  for  each  of  such  offices  voted  for  at  the  primary  elec- 
tion and  the  number  of  votes  received  by  each  of  such  candidates 
and  send  such  certificate  to  the  chairman  of  the  party  central 
committee  for  the  state,  in  case  of  offices  to  be  filled  by  the  voters 
of  the  entire  state,  and  to  the  chairman  of  the  party  central  com- 
mittee for  a  district  of  the  state,  if  known,  in  case  of  offices  to 
be  filled  by  the  voters  of  any  such  district  of  the  state  composed 
of  more  than  one  county,  and  to  the  county  auditor  of  each 
county  in  any  such  district,  and  to  the  county  auditor  and  the 
chairman  of  the  party  central  committee  for  the  county,  in  case 
any  such  district  is  composed  of  one  county.  The  candidate  of 
any  party  -for  the  office  of  senator  in  the  congress  of  the  United 
States  having  received  the  highest  number  of  votes  of  his  party 
in  the  state,  shall  be  the  nominee  of  his  party  for  such  office  and 
the  secretary  of  state  shall  certify  the  result  of  said  primary  elec- 
tion as  to  such  office  to  the  next  convening  general  assembly.* 
[32  G.  A.,  ch.  51,  §  22.]  [33  G.  A.,  ch.  69,  §  12.1 

Sec.  1087-a23.  State  returns  filed — nominations  certified  to 
county  auditor.  When  the  canvass  is  concluded,  the  board  shall 
deliver  the  original  abstract  returns  to  the  secretary  of  state,  who 
shall  file  the  same  in  his  office  and  record  the  abstracts  of  the 
canvass  of  the  state  board  and  certificates  attached  thereto  in  the 
book  kept  by  him  known  as  the  election  book;  and  not  less  than 
fifteen  days  before  the  general  election  he  shall  certify  to  the 
auditor  of  each  county,  under  separate  party  headings,  the  name 
of  each  person  nominated  as  shown  by  the  official  canvass  made 
by  the  executive  council,  or  as  certified  to  him  by  the  proper 
persons  when  any  person  has  been  nominated  by  a  convention  or 
party  committee,  his  place  of  residence,  the  office  to  which  he  is 
nominated,  and  the  order  in  which  the  tickets  of  the  several  po- 
litical parties  shall  appear  on  the  official  ballot.  Should  a  va- 
cancy in  the  nominations  occur  and  be  filled  after  such  certificate 
has  been  forwarded,  a  like  certificate  shall  at  once  be  made  and 
sent  to  the  proper  officer  together  with  a  statement  showing  the 

""Chapter  105,  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
election  of  United  States  Senator  by  direct  vote  of  the  people.  [Supp.  to 
C.  1913,  §1087-c.] 


PRIMARY  ELECTION  LAWS  19 

reason  for  its  subsequent  issue.      [32  G.  A.,  ch.  51,  §  23.]     [33  G. 
A,  ch.  69,  §  17.] 

Sec.  1087-a24.  Tie  vote — vacancies — vacancy  in  nomination  for 
U.  S.  senator — how  filled.  In  case  of  a  tie  vote  resulting  in  no 
nomination  for  any  office,  or  election  of  delegates  or  party  com- 
mitteeman,  the  tie  shall  forthwith  be  determined  by  lot  by  the 
board  of  canvassers,  or  judges  of  election,  as  the  case  may  be. 
Vacancies  occurring  in  nominations  made  in  the  primary  elec- 
tion before  the  holding  of  the  county,  district  or  state  conven- 
tion, shall  be  filled  by  the  county  convention  if  the  office  in  which 
the  vacancy  in  nomination  occurs  is  to  be  filled  by  the  voters 
of  the  county;  by  a  district  convention  if  the  office  in 
which  the  vacancy  in  nomination  occurs  is  to  be  filled  by 
the  voters  of  a  district  composed  of  more  than  one  coun- 
ty; by  the  state  convention  if  the  office  in  which  the  vacancy 
occurs  is  to  be  filled  by  the  voters  of  the  entire  state.  Vacancies 
in  nominations  in  such  offices  occurring  after  the  holding  of  a 
county,  district  or  state  convention,  or  on  failure  of  any  such 
convention  to  fill  a  vacancy  in  a  nomination,  as  aforesaid,  then  it 
shall  be  filled  by  the  party  committee  for  the  county,  district 
or  state,  as  the  case  may  be.  If  a  vacancy  shall  occur  in  any 
such  office  too  late  for  the  filing  of  nomination  papers  for  candi- 
dates therefor  in  the  primary  election  and  before  the  holding  of 
a  county,  district  or  state  convention,  as  the  case  may  be,  then 
the  convention  having  jurisdiction  shall  make  nomination  for 
such  office;  and  if  a  vacancy  in  any  such  office  shall  occur  after 
the  holding  of  a  county,  district  or  state  convention,  then  nomi- 
nation for  such  office  may  be  made  by  the  party  committee  for 
the  county,  district  or  state,  as  the  case  may  be.  Vacancies  in 
nominations  for  offices  to  be  filled  by  the  voters  of  a  territory 
smaller  than  a  county  shall  be  filled  by  the  members  of  the 
party  committee  for  the  county  from  such  sub-division.  Nomi- 
nations made  as  above  provided  and  as  provided  in  sections  one 
thousand  eighty-seven-a25  (1087-a25),  one  thousand  eighty- 
seven-a26  (1087-a26)  and  one  thousand  eighty-seven-a27 
(1087-a27)  of  the  supplement  to  the  code,  1907,  shall  be  cer- 
tified forthwith  to  the  proper  officer  by  the  chairman  and 
secretary  of  the  convention  or  committee  as  the  case  may  be, 
and  if  received  in  time  shall  be  printed  upon  the  official  ballots 
the  same  as  if  the  nomination  had  been  made  in  the  primary 
election.  Such  certificate  of  nomination  shall  state  the  name, 


20  PRIMARY  ELECTION  LAWS 

place  of  residence,  and  postoffice  address  of  the  person  nomi- 
nated, the  office  to  which  he  is  nominated  and  the  name  of  the 
political  party  making  the  nomination. 

If  the  candidate  of  any  party  for  the  office  of  senator  in  the 
congress  of  the  United  States  who  has  received  the  highest  num- 
ber of  votes  in  his  party  at  any  primary  election  as  a  candi- 
date for  such  office,  die,  resign  or  remove  from  the  state  of  his 
residence,  or  for  any  other  cause  a  vacancy  in  such  candidacy 
shall  occur  after  such  primary  election  is  held  and  before  thirty 
days  prior  to  the  day  of  the  general  election  in  November  next 
following,  a  new  primary  election  shall  be  held  by  the  members 
of  such  party  on  the  day  of  such  general  election  for  the  pur- 
pose of  again  nominating  or  expressing  their  choice  for  a  candi- 
date for  said  office  in  the  manner  herein  provided  viz. : 

(A)  Any  person  desiring  to  be  a  candidate  for  said  office 
shall  have  the  qualifications  required  by  law,  and  shall  file  nomi- 
nation papers  with  the  secretary  of  state  in  manner  and  form 
substantially  as  required  by  section  ten   (10)   of  chapter  fifty- 
one  (51)   of  the  acts  of  the  thirty-second  general  assembly,  at 
least  twenty  (20)  days  prior  to  the  day  of  the  general  election 
next  following. 

(B)  Each  candidate  for  said  office  who  has  filed  nomination 
papers  as  required  by  sub-division  (A)  hereof  shall  be  entitled 
to  have  his  name  printed  on  a  primary  election  ballot  which  shall 
be  prepared,  arranged  and  printed  by  the  secretary  of  state  sub- 
stantially in  the  following  form : 

PRIMARY  ELECTION  BALLOT. 

Party  of  the  State  of  Iowa. 

Primary  election  to  be  held  on  the day  of  November, 

A.  D ,  for  the  purpose  of  placing  in  nomina- 
tion a  candidate  of  the party  for  the  of- 
fice of  senator  in  the  congress  of  the  United  States. 

For  United  States  Senator. 

(Vote  for  one.) 
[]  John  Doe 
Q]  Richard  Roe 

D 

(C)  Any  member  of  the  party  holding  a  primary  election  un- 
der the  provisions  of  this  act  desiring  to  vote  for  a  candidate 
for  the  office  of  senator  in  the  congress  of  the  United  States 


PRIMARY  ELECTION  LAWS  21 

shall  make  a  written  or  printed  request  of  the  judges  of  election 
for  a  primary  ballot  in  the  following  form: 

"I  request  a  primary  election  ballot  for  the  purpose  of  voting 

at  this  primary  election  for  a  candidate  of  the 

party  for  the  office  of  senator  in  the  congress  of  the  United 
States.  I  declare  that  I  affiliate  with  and  am  in  sympathy 

with  the  principles  of  the party ;  that  it  is 

my  intention  to  support  generally  at  this  general  election  the 
nominees  of  such  party;  that  I  have  not  enrolled  with  nor  par- 
ticipated in  any  primary  election  or  convention  of  any  other 
political  party  since  the  first  day  of  the  last  preceding  year." 

Upon  the  presentation  of  such  request  it  shall  be  the  duty 
of  the  judges  of  election  to  deliver  to  the  applicant,  if  a  qualified 
elector,  a  primary  election  ballot  unless  challenged  on  the  ground 
that  he  is  not  a  member  of  such  political  party;  and  if  challenged 
on  said  ground  it  shall  not  be  delivered  to  him  unless  he  make 
oath  to  the  statement  he  has  made  in  his  request  to  be  adminis- 
tered by  one  of  the  judges  of  election,  and  if  he  make  said  oath 
he  shall  be  entitled  to  receive  and  vote  said  primary  ballot;  pro- 
vided that  no  person  shall  receive  a  primary  ballot  who  par- 
ticipated in  the  last  preceding  primary  election  of  any  other 
political  party,  as  shown  by  his  enrollment. 

(D)  The  officers  of  the  general  election  shall  be  the  officers  of 
the  primary  election  hereby  authorized,  provided,  however,  that 
in  precincts  in  which  more  than  four  hundred  votes  were  cast 
at  the   last   general   election  an   additional   clerk   may   be   em- 
ployed and  paid  as  other  clerks  of  the  general  election. 

(E)  The  names  of  the  members  of  the  party  voting  at  said 
primary  election  shall  be  recorded  in  separate  poll  books,  and 
the  clerks  of  election  shall  designate  the  party  affiliation  of  each 
person  receiving  a  senatorial  primary  ballot. 

(P)  The  primary  election  provided  for  in  this  act  shall  be 
held  in  each  voting  precinct  of  the  state  at  the  same  time  and 
concurrent  with  the  holding  of  the  general  election. 

(G)  The  votes  of  any  political  party  cast  at  such  primary 
election  for  the  nomination  of  a  senator  in  the  congress  of  the 
United  States  shall  be  canvassed,  recorded  and  certified  the  same 
as  those  cast  for  state  officers,  and  the  candidate  of  any  party 
for  such  office  at  the  primary  election  herein  provided  for  re- 
ceiving the  highest  number  of  votes  of  his  party  in  the  state 
shall  be  the  nominee  of  his  party  for  such  office  and  the  secre- 


22  PRIMARY  ELECTION  LAWS 

tary  of  state  shall  certify  the  result  of  such  primary  election  to 
the  next  convening  general  assembly.* 

(H)  The  secretary  of  state  shall  distribute  to  each  county 
auditor  in  the  state,  at  least  fifteen  days  prior  to  the  general 
election,  a  sufficient  number  of  primary  election  ballots  and 
request  statements,  as  herein  provided  for,  for  the  nse  of  the 
members  of  any  party  holding  a  primary  election  under  the  pro- 
visions of  this  act,  and  each  county  auditor  shall  distribute  a 
sufficient  number  thereof  to  the  judges  of  each  election  precinct 
at  the  same  time  and  in  the  same  manner  as  required  by  law  for 
the  distribution  of  the  official  ballots  for  the  general  election. 
The  fac  simile  signature  of  the  secretary  of  state  shall  be  placed 
upon  each  primary  election  ballot. 

(I)  The  provisions  of  chapter  fifty-one  (51),  acts  of  the 
thirty-second  general  assembly,  shall  apply  to  the  primary  elec- 
tion provided  for  in  this  act  so  far  as  applicable,  except  as 
herein  otherwise  provided.  [32  G.  A.,  ch.  51,  §  24.]  [32  Ex. 
G.  A.,  ch.  1,  §  1.]  [33  G.  A.,  ch.  69,  §  13.] 

The  authority  of  a  party  committee  is  limited  to  cases  where  nomina- 
tions have  previously  been  made  at  the  primaries  and  vacancies  have 
occurred.  This  section  does  not  authorize  a  party  committee  to  make  a 
nomination  in  the  first  instance.  State  vs.  Hayward,  Secretary  of  State, 
141-196. 

Where  after  the  nomination  of  the  candidate  for  supervisor  for  a 
particular  district  the  county  was  redistricted,  held  that  there  was  a 
vacancy  in  the  nomination.  State  vs.  Parker,  147-69. 

Sec.  2087-a24a.  Applicable  to  existing  vacancy.  The  pro- 
visions of  this  act  shall  apply  to  any  vacancy  now  existing  in 
the  candidacy  of  any  party  for  the  office  of  senator  in  the  con- 
gress of  the  United  States  as  well  as  to  any  vacancy  that  may 
hereafter  occur  as  set  forth  in  section  one  (1)  hereof.  [32  Ex. 
G.  A.,  ch.  1,  §  2.] 

Sec.  1087-a25.  County  convention — delegates — committeemen. 
In  each  county  there  shall  be  held  in  each  year  in  which  a  general 
election  in  November  is  to  take  place  a  county  convention  of 
each  political  party.  Said  county  convention  shall  be  composed 
of  delegates  elected  at  the  last  preceding  primary  election,  and 
shall  be  held  on  the  fourth  Saturday  following  the  primary  elec- 
tion, convening  at  11:00  o'clock  a.  m.  The  number  of  delegates 
from  each  voting  precinct  shall  be  determined  by  a  ratio  adopted 

•"Chapter  105,  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
election  of  United  States  Senator  by  direct  vote  of  the  people.  [Supp.  to 
C.  1913,  §  1087-c.] 


PRIMARY  ELECTION  LAWS  23 

by  the  respective  party  county  central  committees,  and  shall  be 
thus  determined  and  a  statement  designating  the  number  from 
each  voting  precinct  in  the  county  filed  in  the  office  of  the  county 
auditor  at  least  thirty  days  before  the  primary  election;  if  not 
so  done,  the  auditor  shall  fix  the  number.  The  requisite  number 
of  names  of  candidates  of  his  choice  for  delegates  to  the  county 
convention  to  which  each  precinct  is  entitled  shall  be  written, 
or  pasted  with  uniform  white  pasters,  on  the  blank  lines  upon 
the  ballot  by  the  voter  while  in  the  booth,  or  by  some  one  desig- 
nated by  a  voter  unable  to  write,  after  the  ballots  are  received 
and  before  they  are  deposited,  and  the  requisite  number  of  per- 
sons from  each  precinct  who  receive  the  highest  number  of  votes 
shall  be  the  delegates  from  the  precinct  to  the  county  convention. 
The  term  of  office  of  such  delegates  shall  begin  on  the  day  fol- 
lowing the  final  canvass  of  the  votes  by  the  board  of  supervisors, 
and  shall  continue  for  two  years. and  until  their  successors  are 
elected.  One  member  of  the  county  central  committee  for  each 
political  party  from  each  precinct  shall  be  elected.  His  term  of 
office  shall  begin  on  the  day  of  the  county  convention  and  im- 
mediately following  the  adjournment  thereof  and  shall  continue 
for  two  years  and  until  his  successor  is  elected  and  qualified, 
unless  such  committeeman  shall  be  removed  by  the  county  central 
committee  for  inattention  to  the  duties  of  his  position,  incom- 
petency  or  failure  to  support  the  ticket  nominated  by  the  party 
which  elected  him  to  such  position.  The  county  central  com- 
mittee elected  in  the  primary  election  shall  organize  on  the  day 
of  the  convention,  immediately  following  the  same.  Vacancies 
in  such  committee  may  be  filled  by  majority  vote  of  the  commit- 
tee. Returns  shall  be  made  by  the  judges  of  election  respeotinQr 
delegates  and  members  of  the  county  central  committee  in  the 
same  manner  as  for  other  offices,  except  that  the  judges  of  elec- 
tion shall  canvass  the  returns  as  to  delegates  and  members  of 
the  county  central  committee,  and  certify  the  result  to  the  audi- 
tor with  the  returns.  The  auditor  shall,  immediately  after  the 
final  count  and  canvass  of  the  votes  and  returns  by  the  board  of 
supervisors,  notify  the  delegates  and  members  of  the  county  cen- 
tral committee  who  have  thus  been  elected,  of  their  election,  and 
of  the  time  and  place  of  holding  the  county  convention,  and  shall 
on  the  second  Thursday  following  the  primary  election,  deliver 
a  certified  list  thereof  to  the  chairmen  of  the  respective  party 
central  committees  for  the  county.  "When  the  delegates,  or  a 
majority  thereof,  or  when  delegates  representing  a  majority  of 


24  PRIMARY  ELECTION  LAWS 

the  precincts  thus  elected  shall  have  assembled  in  the  county 
convention  at  the  time  herein  prescribed  and  at  the  county  seat 
the  convention  shall  be  called  to  order  by  the  chairman  of  the 
county  central  committee,  who  shall  present  the  certified  list  of 
delegates  and  members  of  the  county  central  committee,  and  a 
list  of  the  offices  for  which  no  nomination  was  made  at  the  pri- 
mary election,  by  reason  of  the  failure  of  any  candidate  for 
any  such  office  to  receive  thirty-five  per  centum  of  all  votes  cast 
by  such  party  therefor.  If  any  precinct  shall  not  be  fully  rep- 
resented the  delegates  present  from  such  precinct  shall  cast  the 
full  vote  thereof,  but  there  shall  be  no  proxies.  The  said  county 
convention  shall  make  nominations  of  candidates  for  the  party 
for  any  office  to  be  filled  by  the  voters  of  a  county  when  no  can- 
didate for  such  office  has  been  nominated  at  the  preceding  pri- 
mary election,  by  reason  of  the  failure  of  any  candidate  for  any 
such  office  to  receive  thirty-five  per  centum  of  all  votes  cast  by 
such  party  therefor,  as  shown  by  the  canvass  of  the  returns 
provided  for  in  section  19  of  this  act,  and  shall  nominate  candi- 
dates for  the  office  of  judge  of  the  district  court  in  counties 
comprising  one  judicial  district  of  the  state,*  and  shall  select 
delegates  to  the  next  ensuing  state  and  district  conventions  of 
that  year  upon  such  ratio  of  representation  as  may  be  determined 
by  the  party  organization  for  the  state,  district  or  districts  of  the 
state,  as  the  case  may  be,  but  no  delegates  shall  be  so  selected  to 
any  of  the  district  conventions  referred  to  in  section  26  of  this 
act,  except  judicial  conventions,  unless  a  call  therefor  has  been 
issued  as  therein  provided.  The  said  county  convention  shall  also 
elect  a  member  of  the  party  central  committee  for  the  senatorial, 
judicial,  and  congressional  districts  composed  of  more  than  one 
county.  But  in  no  case  shall  the  county  convention  make  a  nom- 
ination for  an  office  for  which  no  person  was  voted  for  in  the 
primary  election  of  such  party,  except  for  judges  of  the  superior 
and  district  courts.*  [32  G.  A.,  ch.  51,  §  25.]  [33  G.  A.,  ch.  69, 
§14.] 

Sec.  1087-a26.  District  convention.  In  any  senatorial,  judicial, 
or  congressional  district  composed  of  more  than  one  county,  in 
any  year  in  which  a  senator  in  the  general  assembly,  a  judge  of 
the  district  court,  or  a  representative  in  the  congress  of  the 

"Chapter  104,  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
non-partisan  nomination  and  election  of  supreme,  district  and  superior 
judges,  the  secretary  of  state,  and  county  auditor  determining  by  lot  in 
case  of  tie  vote  at  primary.  [Supp.  to  C.  1913,  §  1087-b2.] 


PRIMARY  ELECTION  LAWS  25 

United  Stales,  is  to  be  elected,  a  senatorial  or  congressional  con- 
vention may  be  held,  and  a  judicial  convention  shall  be  held  by 
each  political  party  participating  in  the  primary  election  of  that 
year.  Not  less  than  ten  days  and  not  more  than  sixty  days  before 
the  day  fixed  for  holding  the  county  convention  a  call  for  such 
senatorial,  judicial  and  congressional  convention  to  be  held  shall 
be  issued  by  the  party  central  committee  for  any  such  district 
and  published  in  at  least  one  newspaper  of  general  circulation 
of  each  county  composing  any  such  district  and  which  call  shall 
state  among  other  things  the  number  of  delegates  each  county  of 
the  district  shall  be  entitled  to  and  the  time  and  place  of  holding 
the  convention.  Any  such  call  shall  be  signed  by  the  chairman 
of  the  party  central  committee  for  any  such  district,  and  be  filed 
by  him  with  the  county  auditor  not  less  than  five  days  before  the 
county  convention  and  the  county  auditor  shall  attach  a  true 
copy  thereof  to  the  certified  list  of  delegates  required  to  be  de- 
livered by  him  to  the  chairmen  of  the  respective  party  county  cen- 
tral committees.  In  case  no  nomination  was  made  in  the  primary 
election  for  the  office  of  senator  in  the  general  assembly  in  any 
district  composed  of  more  than  one  county,  or  for  the  office  of 
representative  in  congress  of  the  United  States,  by  reason  of  the 
failure  of  any  candidate  for  any  office  to  receive  thirty-five  per 
centum  of  all  votes  cast  by  his  party  therefor,  as  shown  by  the 
certificate  issued  by  the  state  board  of  canvassers  provided  for 
in  this  act,  then  in  any  such  district  the  chairman  of  the  party 
central  committee  therefor  shall  forthwith  issue  such  call  for  a 
convention  in  such  district  and  deliver  the  same  to  the  county 
auditor  of  each  county  in  the  district  and  in  such  case  said  call 
need  not  be  published.  No  such  district  convention  shall  be  held 
earlier  than  the  first  Thursday  or  later  than  the  fifth  Thursday 
following  the  county  convention.  The  convention  when  organized 
shall  make  nominations  of  candidates  for  the  party  for  any  such 
district  office  when  no  candidate  for  such  office  has  been  nomi- 
nated at  the  preceding  primary  election,  by  reason  of  the  failure 
of  any  candidate  for  any  such  office  to  receive  thirty-five  per 
centum  of  all  votes  cast  by  such  party  therefor,  as  shown  by  the 
canvass  of  the  votes  provided  for  in  section  twenty-two  hereof. 
The  organization  of  and  procedure  in  any  such  district  conven- 
tion shall  be  the  same  as  in  the  state  convention.  Such  district 
conventions  may  adopt  party  platforms  and  transact  such  other 
business  as  may  properly  be  brought  before  them.  But  in  no  case 


26  PRIMARY  ELECTION  LAWS 

shall  any  such  convention  of  a  party  make  a  nomination  for  an 
office  for  which  no  person  was  voted  for  in  the  primary  election 
of  such  party,  except  for  judges  of  the  district  court.*  [32  G.  A., 
ch.  51,  §  26.]  [33  G.  A.,  ch.  69,  §  15.] 

Where  there  has  been  a  failure  to  nominate  at  a  primary  election  the 
vacancy  should  be  filled  by  the  convention  as  herein  provided.  State  vs. 
Hayward,  Secretary  of  State,  141-196. 

Sec.  1087-a27.  State  convention — state  central  committee.  A 
state  convention  of  each  political  party,  composed  of  delegates 
chosen  in  the  manner  herein  provided,  shall  be  held  not  earlier 
than  the  first  Wednesday,  and  not  later  than  the  fifth  Wednesday 
following  the  county  convention,  in  the  year  nineteen  hundred 
eight,  and  biennially  thereafter,  convening  at  such  time  and  place 
as  may  be  determined  upon  by  the  party  organization.  The  con- 
vention shall  be  called  to  order  by  the  chairman  of  the  state  cen- 
tral committee,  who  shall  thereupon  present  a  list  of  delegates, 
as  certified  by  the  various  county  conventions,  and  effect  a  tem- 
porary organization.  If  any  county  shall  not  be  fully  repre- 
sented, the  delegates  present  from  such  county  shall  cast  the 
full  vote  thereof,  but  there  shall  be  no  proxies.  Such  convention 
when  permanently  organized  shall  formulate  and  adopt  the  state 
platform  of  the  party  it  represents,  and  shall  make  nominations  of 
candidates  for  the  party  for  any  state  office  to  be  filled  by  the 
voters  of  the  entire  state  when  no  candidate  for  such  office  has 
been  nominated  at  the  preceding  primary  election,  by  reason  of 
the  failure  of  any  candidate  for  any  such  office  to  receive  thirty- 
five  per  centum  of  all  votes  cast  by  such  party  therefor,  as  shown 
by  the  canvass  of  the  returns  provided  for  in  section  twenty-two 
hereof;  and  shall  nominate  candidates  for  the  office  of  judge  of 
the  supreme  court.*  It  shall  also  elect  a  state  central  committee 
consisting  of  not  less  than  one  member  from  each  congressional 
district  and  transact  such  other  business  as  may  properly  be 
brought  before  it.  The  state  central  committee  elected  at  said 
state  convention  may  organize  at  pleasure  for  political  work  as  is 
usual  and  customary  with  such  committees  and  shall  continue  to 
act  until  succeeded  by  another  committee  duly  elected.  But  in  no 
case  shall  the  state  convention  of  a  party  make  a  nomination  for 
an  office  for  which  no  person  was  voted  for  in  the  primary  elec- 

*Chapter  104,  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
non-partisan  nomination  and  election  of  judges,  the  secretary  of  state, 
determining  by  lot  in  case  of  tie  vote  at  primary.  [Supp.  to  C.  1913, 
§  1087-b2.] 


PRIMARY  ELECTION  LAWS  27 

tion  of  such  party,  except  for  judges  of  the  supreme  court.* 
[32  G.  A.,  ch.  51,  §  27.]  [33  G.  A.,  ch.  69,  §  16.] 

Sec.  1087-a28.  Existing  party  committees.  The  regularly  or- 
ganized political  committees  of  each  party  as  at  present  or  here- 
after constituted  may  continue  to  act  until  supplanted  by  the 
committees  elected  under  the  provisions  of  this  act.  [32  G.  A., 
ch.  51,  §  28.] 

Sec.  1087-a29.  Nomination  by  petition.  Nothing  contained  in 
this  act  shall  be  construed  so  as  to  prohibit  nomination  of  candi- 
dates for  office  by  petition  as  now  authorized  by  law ;  but  no  per- 
son so  nominated  shall  be  permitted  to  use  the  name  of  any  politi- 
cal party  authorized  or  entitled  under  this  act  to  nominate  a  ticket 
by  primary  vote  or  that  has  nominated  a  ticket  by  primary  vote 
under  the  provisions  of  this  act.  [32  G.  A.,  ch.  51,  §  29.] 

Sec.  1087-a30.  Special  elections.  This  act  shall  not  apply  to 
special  elections  to  fill  vacancies.  [32  G.  A.,  ch.  51,  §  30.] 

Sec.  1087-a31.    Misconduct  of  election  officials — penalty.    Any 

party  committeeman  or  any  primary  election  or  other  public  of- 
ficer upon  whom  a  duty  is  imposed  by  this  act  or  by  acts  herein 
made  applicable  to  primary  elections,  who  shall  wilfully  neglect 
to  perform  any  such  duty,  or  who  shall  wilfully  perform  it  in 
such  a  way  as  to  hinder  the  objects  thereof,  or  shall  disclose  to 
anyone,  except  as  may  be  ordered  by  any  court  of  justice,  the 
contents  of  any  ballot  or  any  part  thereof,  as  to  the  manner  in 
which  the  same  may  have  been  voted,  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  or  by  imprisonment  in  the  penitentiary  not  to  exceed  five 
years,  or  by  both  such  fine  and  imprisonment.  [32  G.  A.,  ch.  51, 
§  31.1 

Sec.  1087-a32.  Services  for  hire — penalty.  Any  person  who  shall 
agree  to  perform  any  services  in  the  interest  of  any  candidate  in 
consideration  of  any  money  or  other  valuable  thing,  or  who  shall 
accept  any  money  or  other  valuable  thing  for  such  services  per- 
formed in  the  interest  of  any  candidate,  or  any  person  paying  or 
offering  to  pay  or  giving  or  offering  to  give  money  or  other  valu- 
able things  for  such  services,  shall  be  punished  by  a  fine  of  not 

*Chapter  104,  Acts  of  the  Thirty-fifth  General  Assembly  provides  for 
non-partisan  nomination  and  election  of  judges,  the  secretary  of  state, 
determining  by  lot  in  case  of  tie  vote  at  primary.  [Supp.  to  C.  1913, 
$  1087-b2.] 


28  PRIMARY  ELECTION  LAWS 

more  than  three  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  ninety  days.  But  nothing  herein  shall 
be  construed  to  prohibit  any  person  from  making  contracts  in 
good  faith  for  the  announcement  of  his  candidacy  in  the  news- 
papers and  for  securing  the  names  of  voters  required  to  file  pre- 
liminary nomination  papers  and  the  payment  of  any  reasonable 
compensation  for  such  services.  [32  G.  A.,  ch.  51,  §  32.] 

Sec.  1087-a33.  Bribery — illegal  voting — penalty.  Any  person 
offering  or  giving  a  bribe,  either  in  money  or  other  consideration, 
to  any  elector  for  the  purpose  of  influencing  his  vote  at  a  primary 
election,  or  any  elector  entitled  to  vote  at  such  primary  election 
receiving  and  accepting  such  bribe ;  any  person  making  false  an- 
swer to  any  of  the  provisions  of  this  act  relative  to  his  qualifica- 
tions and  party  affiliations ;  any  person  wilfully  voting  or  offering 
to  vote  at  a  primary  election  who  has  not  been  a  resident  of  this 
state  for  six  months  next  preceding  said  primary  election;  or 
who,  at  the  primary  election  is  not  twenty-one  years  of  age,  or 
is  not  a  citizen  of  the  United  States ;  or  knowing  himself  not  to 
be  a  qualified  elector  of  such  precinct  where  he  offers  to  vote; 
or  any  person  violating  any  of  the  provisions  of  this  act,  or  of 
any  provisions  of  the  code  as  may  be  hereto  applied,  and  any 
person  knowingly  procuring,  aiding  or  abetting  such  violation, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  six  months.  [32  G.  A.,  ch.  51, 
§  33.] 

Sec.  1087-a34.  Primary  elections  in  certain  cities.  The  provi- 
sions of  this  act  shall,  so  far  as  applicable,  govern  the  nominations 
of  candidates  by  political  parties  for  all  offices  to  be  filled  by  a 
direct  vote  of  the  people  in  cities  of  the  first  class  and  cities  act- 
ing under  a  special  charter  having  a  population  of  over  fifteen 
thousand,  except  all  such  special  charter  cities  and  cities  of  the 
first  class  as  have  by  vote  of  the  people  adopted  a  plan  of  munici- 
pal government  which  specifically  provides  for  a  non-partisan 
primary  election.  The  duties  devolving  upon  the  county  auditor, 
by  the  foregoing  provisions  of  this  act,  shall  in  municipal  elec- 
tions, devolve  upon  the  city  auditor  and  the  duties  devolving 
upon  the  board  of  supervisors  by  the  foregoing  provisions  of 
this  act,  devolve  upon  the  city  council  which  shall  meet  to  per- 


PRIMARY  ELECTION  LAWS  29 

form  said  duties  within  two  days  next  following  the  primary 
election.  The  date  of  the  municipal  primary  election  shall  be  the 
last  Monday  in  February  of  each  year  in  which  a  municipal  elec- 
tion is  held  in  said  cities,  after  the  year  1907,  and  the  percentage 
of  voters  signing  petitions  required  for  printing  the  name  of  a 
candidate  upon  the  official  primary  ballot  shall  be  the  same  as  is 
required  of  a  candidate  for  a  county  office  and  shall  be  based  upon 
the  vote  cast  for  mayor  by  the  respective  parties  in  the  preceding 
city  election.  The  names  of  candidates  for  ward  aldermen,  for 
city  precinct  committeemen  and  for  delegates  to  the  city  conven- 
tion, shall  not  be  printed  upon  the  official  primary  ballot  but  in 
each  case  a  blank  line  or  lines  shall  be  provided  therefor.  A 
plurality  shall  nominate  the  party  candidate  for  alderman  and  a 
plurality  shall  elect  the  precinct  committeeman  and  delegates  to 
the  city  convention.  The  entire  expense  of  conducting  a  primary 
election  provided  for  in  this  section  shall  be  audited  by  the  city 
council  and  paid  by  the  city.  This  section  shall  not  be  held  to 
repeal  any  law  which  provides  for  the  adoption  of  a  plan  of 
municipal  government  by  vote  of  the  people  and  which  embraces 
a  non-partisan  primary  election.  [32  G.  A.,  ch.  51,  §  34.] 

Sec.  1087-a35.  Repealed.  Chapter  forty  (40)  of  the  laws  of  the 
thirtieth  general  assembly,  relating  to  primary  elections;  and 
chapters  forty-five  (45)  and  forty -six  (46)  of  the  laws  of  the 
thirty-first  general  assembly,  relating  to  primary  elections,  are 
hereby  repealed.  [32  G.  A.,  ch.  51,  §  35.] 

Sec.  1087-a36.    Election  of  delegates — national  committeeman. 

That  from  and  after  the  passage  of  this  act  in  the  years  in  which 
a  president  and  vice-president  of  the  United  States  are  to  be 
elected,  there  shall  be  held  a  primary  election  for  the  election  of 
delegates  and  alternate  delegates  to  the  national  conventions  of 
all  political  parties  at  which  candidates  for  president  and  vice- 
president  are  to  be  nominated,  for  the  election  of  a  party  national 
committeeman  for  each  party,  and  for  the  election  of  delegates  to 
county  conventions,  which  shall  choose  delegates  to  the  state  con- 
vention. [35  G.  A.,  ch.  Ill,  §  1.] 

Sec.  1087-a37.  Number  of  delegates  and  alternates.  The  num- 
ber of  delegates  to  national  conventions  to  be  elected  under  the 
provisions  of  this  act  for  each  party  shall  be  the  number  of  dele- 
gates for  each  congressional  district,  and  the  number  of  delegates 
at  large  to  which  each  party  is  entitled  as  set  forth  in  the  call  for 


30  PRIMARY  ELECTION  LAWS 

the  national  convention  by  the  national  committee  for  each  party 
and  certified  to  the  secretary  of  state  by  the  state  chairman  of 
each  of  the  different  parties.  There  shall  also  be  elected  one 
alternate  delegate  for  each  district  delegate  and  one  alternate 
for  each  delegate  at  large.  [35  G.  A.,  ch.  Ill,  §  2.] 

Sec.  1087-a38.  Primary  election.  The  primary  election  herein 
provided  for  shall  consist  of  an  election  by  all  political  parties 
and  shall  be  held  at  the  usual  voting  places  of  the  several  pre- 
cincts on  the  second  Monday  in  April  in  the  year  1916,  and  quad- 
rennially thereafter  for  the  election  of  officers  provided  in  section 
one  of  this  act,  and  for  the  purpose  of  ascertaining  the  sentiment 
of  the  voters  of  the  state  in  the  respective  parties  as  to  candidates 
for  president  and  vice-president  of  the  United  States.  [35  G.  A., 
ch.  Ill,  §  3.] 

Sec.  1087-a39.  Candidate— nomination  papers— affidavit.  No 
candidate  for  district  delegate  or  alternate  or  delegates  at  large 
or  alternate  at  large  to  the  national  convention  of  any  political 
party,  and  no  candidate  for  national  committeeman  shall  have  his 
name  printed  upon  the  official  ballot  of  his  party  to  be  used  at  the 
primary  election  herein  provided,  unless  at  least  thirty  days  prior 
to  the  day  fixed  for  holding  such  primary  election,  a  nomination 
paper  shall  have  been  filed  in  his  behalf  in  the  office  of  the  secre- 
tary of  state  in  the  form  and  manner  provided  in  section  ten 
hundred  eighty-seven-a-ten  (1087-a-10),  supplement  to  the  code 
1907,  and  the  number  of  signers  of  such  nomination  paper  for 
district  delegates  and  alternate  delegates  shall  be  equal  to  one 
half  the  number  as  is  in  said  section  provided  for  representatives 
in  congress,  and  the  number  of  signers  of  such  nomination  paper 
for  delegates  at  large  and  alternate  delegates  at  large  and  for 
the  office  of  party  national  committeman  shall  be  equal  to  one 
half  the  number  as  in  said  section  provided  for  senators  in  the 
congress  of  the  United  States,  and  each  candidate  shall  take  the 
oath  as  provided  in  said  section. 

Candidates  for  delegates  to  the  county  conventions  shall  be 
elected  in  the  same  manner  as  provided  in  section  ten  hundred 
eighty-seven-a  twenty-five  (1087-a25),  supplement  to  the  code, 
1907,  as  amended  by  chapter  sixty-nine  (69)  of  the  acts  of  the 
thirty  third  general  assembly. 

No  candidate  for  nomination  to  the  office  of  president  or  vice- 
president  of  the  United  States  shall  have  his  name  printed  upon 


PRIMARY  ELECTION   LAWS  31 

the  official  ballot  of  his  party  as  herein  provided  for,  unless  at 
least  thirty  days  prior  to  the  day  fixed  for  holding  the  primary 
election  herein  provided  for,  he  shall  cause  to  be  filed  in  the  office 
of  the  secretary  of  state  his  affidavit  that  he  is  eligible  to  the  office 
for  which  he  is  a  candidate,  and  that  he  is  a  bona  fide  candidate 
for  such  office,  and  that  he  will,  in  good  faith,  submit  his  candidacy 
to  the  national  convention  of  his  political  party.  Such  affidavit 
shall  be  in  form  and  substance  as  follows : 

I,  being  duly  sworn,  say 

that  I  reside  in  the  city  of county  of 

and  state  of ; 

that  I  am  eligible  to  the  office  for  which  I  am  a  candidate,  and 

that  the  political  party  with  which  I  affiliate  is  the 

party ;  that  I  am  a  bona  fide  candidate  for  the  office  of 

and  that  I  shall  in  good  faith  submit  my  candidacy  to  the  national 

convention  of  my  political  party  in  the  year and  I 

hereby  request  that  my  name  be  printed  upon  the  official  primary 

ballot  as  provided  by  law  as  a  candidate  of  the 

party.  I  furthermore  declare  that  if  I  am  nominated  and  elected, 
I  will  qualify  as  such  officer.  . 

Signed 

Subscribed  in  my  presence  and  sworn  to  (or  affirmed)  before 

me  by this day  of 

..19.. 


Title  of  officer. 
[35  G.  A.,  ch.  Ill,  §  4.] 

Sec.  1087-a40.  Ballot  form.  The  official  primary  election  ballot 
herein  provided  for  shall  be  prepared,  arranged  and  printed  sub- 
stantially in  the  following  form: 

PRIMARY  ELECTION  BALLOT. 
(Name  of  party) 

of township,  or  precinct, 

ward,  city  or  town  of ,  county  of 

,  state  of  Iowa.    Primary  election  held 

on  the day  of  April,  19 .... 

For  President  of  the  United  States. 
Q  John  B.  Sullivan 
Q  Henry  Smith 
D    


32  PRIMARY  ELECTION  LAWS 

For  Vice-President  of  the  United  States. 
Q  Thomas  H.  Stevens 
Q]  Christopher  Swanson 

n 

For  Party  National  Committeeman. 
Q  Theodore  Thompson 

n 


For  Delegates  at  Large  to  National  Convention. 

n • 


D 


For  District  Delegates  to  National  Convention. 

n 

n  i;!;!-/!;^;!!:;!!!!!!!!!:!.!!!:!!!.!! 

For  Alternate  Delegates  at  Large  to  National  Convention. 

n 


n 

n 

For  Alternate  District  Delegates  to  National  Convention. 

n 

n 

D 

For  Delegates  to  County  Convention. 

n 

n 


Shall  the  district  delegates  to  the  national  convention  be  in- 
structed by  the  vote  of  the  state  at  large  ? 


D  No 

Shall  the  district  delegates  to  the  national  convention  be  in- 
structed by  the  vote  of  the  congressional  district^ 
D  Yes 
D  No 
[35  G.  A.,  ch.  Ill,  §  5.] 


PRIMARY  ELECTION  LAWS  33 

Sec.  1087-a41.  Nominations  certified  to  county  auditor — notice 
published.  At  least  twenty  days  before  the  holding  of  the  primary 
election  herein  provided  for,  the  secretary  of  state  shall  transmit 
to  each  county  auditor  a  certified  list  containing  the  name  and 
postoffice  address  of  each  person  for  whom  a  nomination  paper  has 
been  filed  in  his  office,  as  provided  in  section  one  hereof,  and  en- 
titled to  be  voted  for  at  such  primary  election  by  the  voters  of 
such  county,  together  with  a  designation  of  the  office  for  which 
he  is  a  candidate  and  the  party  from  which  he  seeks  an  election. 
Such  auditor  shall  forthwith,  upon  receipt  thereof,  publish  under 
the  proper  party  designation  the  title  of  each  office  to  be  filled, 
the  names  and  proper  designation  of  all  for  whom  nominations 
have  been  filed  in  the  office  of  the  secretary  of  state,  giving  the 
name  and  address  of  each,  and  the  number  of  delegates  from  each 
precinct  of  the  county  to  which  each  party  is  entitled,  the  date  of 
the  primary,  the  hours  during  which  the  polls  will  be  open  and 
that  the  primary  will  be  held  in  the  regular  polling  place  in  each 
precinct.  It  shall  be  the  duty  of  said  auditor  to  publish  said 
notice  once  each  week  for  two  consecutive  weeks  prior  to  the  said 
election;  each  publication  shall  be  made  in  at  least  two,  and  not 
to  exceed  four  newspapers  of  general  circulation  in  such  county ; 
one  of  such  newspapers  shall  represent  the  political  party  which 
cast  the  largest  vote  in  such  county  at  the  last  preceding  general 
election,  and  one  of  such  newspapers  shall  represent  the  political 
party  which  cast  the  next  largest  vote  in  such  county  at  said 
general  election.  In  any  case  where  the  publication  of  a  notice 
cannot  be  made  as  herein  required,  it  may  be  made  in  any  news- 
paper having  a  general  circulation  in  the  county  in  which  the 
notice  is  required  to  be  published.  [35  G.  A.,  ch.  Ill,  §  6.] 

Sec.  1087-a42.  Printing.  The  names  of  the  candidates  of  each 
political  party  for  election  to  the  several  offices  provided  in  section 
one  hereof  and  blank  space  for  delegates  to  county  conventions 
shall  be  printed  in  black  ink  on  separate  sheets  of  paper  uniform 
in  color,  quality,  texture  and  size,  with  the  name  of  the  political 
party  printed  at  the  head  of  said  ballot ;  each  ballot  shall  be  pre- 
pared by  the  county  auditor  in  the  same  manner  as  for  a  general 
election  except  as  provided  in  section  ten  hundred  eighty-seven  a- 
thirteen  (1087-al3),  chapter  sixty-nine  (69)  acts  of  the  thirty- 
third  general  assembly.  [35  G.  A.,  ch.  111,'§  7.] 


34  PRIMARY  ELECTION  LAWS. 

Sec.  1087-a43.  Ballots  counted — returns.  On  the  first  Monday 
following  the  holding  of  the  primary  election  herein  provided  for 
the  board  of  supervisors  of  each  county  shall  meet,  open  and  can- 
vass the  returns  in  the  manner  provided  in  section  ten  hundred 
eighty-seven-a-seventeen  (1087-al7),  supplement  to  the  code,  1907, 
as  amended,  and  shall  certify  the  result  of  said  canvass  to  the 
county  auditor,  who  shall  certify  to  the  county  chairman  of  the 
respective  parties  a  list  of  the  delegates  elected  to  the  county  con- 
vention; the  county  auditor  shall  certify  to  the  secretary  of  state 
the  result  as  to  all  other  offices  in  the  form  and  manner  as  pro- 
vided in  section  ten  hundred  eighty-seven-a-nineteen  (1087-al9) 
and  ten  hundred  eighty-seven-a- twenty  (1087-a20),  supplement  to 
the  code,  1907,  for  representation  in  congress  and  for  the  office  of 
senator  in  congress  of  the  United  States.  [35  G.  A.,  ch.  Ill,  §  8.] 

Sec.  1087-a44.  Canvass  by  state  board — certificates.  On  the  sec- 
ond Monday  following  the  primary  election  herein  provided  for, 
the  executive  council  shall  meet  as  a  canvassing  board  and  open 
and  canvass  the  abstract  returns  received  from  each  county  in 
the  state.  If  returns  are  not  received  from  all  the  counties,  the 
secretary  of  state  shall  immediately  send  a  messenger  after  the 
abstract  returns  and  the  board  may  adjourn  from  day  to  day  until 
they  are  received.  The  board  shall  make  an  abstract  of  its  can- 
vass, stating  in  words  written  at  length  the  number  of  ballots 
cast  by  each  political  party  separately  for  each  office  designated  in 
section  one  hereof,  the  names  of  all  the  persons  voted  for  and 
the  number  of  votes  received  for  each  person  for  each  office,  the 
number  of  votes  cast  in  favor  of  instructing  delegates  by  the  vote 
of  the  state  at  large,  the  number  of  votes  cast  in  favor  of  instruct- 
ing the  delegates  by  congressional  districts,  and  shall  sign  and 
certify  thereto.  Such  canvass  and  certificates  shall  be  final  as  to 
all  candidates  named  herein,  and  the  candidate  of  each  political 
party  for  each  office  to  be  filled  under  the  provisions  of  this  act 
having  received  the  highest  number  of  votes  in  the  state  or  dis- 
trict, as  the  case  may  be,  shall  be  held  to  be  duly  and  legally 
elected  to  such  office,  and  shall  be  entitled  to  represent  his  politi- 
cal party  as  delegate  at  large  or  as  a  district  delegate  to  the 
national  convention,  or  as  party  national  committeeman,  as  the 
case  may  be,  and  the  alternate  delegates  herein  provided  to  be 
elected  shall  be  entitled  to  represent  the  state  or  district  of  the 
state,  as  the  case  may  be,  in  case  the  delegate  elected  fails  or  re- 
fuses to  qualify  or  act.  [35  G.  A.,  ch.  Ill,  §  9.] 


PRIMARY  ELECTION  LAWS  35 

Sec.  1087-a45.  State  returns  filed— certificate  of  election.  When 
the  canvass  is  concluded  the  board  shall  deliver  the  original  ab- 
stract returns  with  their  certificate,  to  the  secretary  of  state,  who 
shall  file  the  same  in  his  office  and  record  the  abstracts  of  the  can- 
vass by  the  state  board  and  certificates  attached  thereto  in  the 
book  kept  by  him,  known  as  the  "election book";  and  shall  forth- 
with issue  a  certificate  of  election  to  each  candidate  whom  the  cer- 
tificate of  the  executive  council  shows  to  have  been  elected  in  the 
state  or  district,  as  the  case  may  be,  including  alternate  delegates 
to  the  national  convention  of  each  political  party,  and  shall  for- 
ward said  certificate  by  mail  to  such  officer  at  the  postoffice  ad- 
dress as  shown  by  the  records  of  his  office;  and  shall  certify 
the  vote  of  the  state  on  president  and  vice-president  to  the  state 
chairman  of  each  political  party,  and  each  candidate  for  presi- 
dent and  vice  president  whose  names  have  appeared  upon  the 
official  primary  ballot  used  at  said  election,  and  shall  prepare  a 
list  of  the  candidates  elected  by  the  several  political  parties,  in- 
cluding alternate  delegates  in  their  rank  as  herein  provided,  and 
a  certificate  as  to  each  office  separately  for  which  no  candidate 
was  elected,  the  result  of  the  vote  on  question  of  instructing  dele- 
gates, which  result  shall  be  determined  by  the  vote  of  the  entire 
state  and  shall  forward  to  the  chairman  of  the  state  central  com- 
mittee and  to  the  party  national  committeeman  for  the  state  of 
Iowa,  a  copy  of  such  list  for  the  party  which  he  represents.  [35 
G.  A.,  ch.  Ill,  §  10.] 

Sec.  1087-a46,  Alternates.  The  alternate  delegates  to  the  na- 
tional convention,  both  at  large  and  district  delegates  of  each  po- 
litical party,  shall  not  be  entitled  to  represent  such  party  unless 
the  delegates  or  some  one  or  more  of  them  should  fail  or  refuse 
to  qualify  or  act  as  such  delegate,  and  in  such  case  the  alternate 
delegate  receiving  the  highest  number  of  votes  shall  be  en- 
titled to  act  in  place  of  the  first  duly  elected  delegate  who  fails 
to  act  under  the  provisions  of  this  chapter  for  the  state  or  dis- 
trict in  which  he  was  elected,  and  so  on,  to  each  alternate  dele- 
gate. [35  G.  A.,  ch.  Ill,  §  11.] 

Sec.  1087-a47.  Certain  sections  made  applicable.  Except  as 
herein  otherwise  provided,  sections  ten  hundred  eighty-seven-a- 
two  (1087-a2),  ten  hundred  eighty-seven-a-three  (1087-a3),  ten 
hundred  eighty-seven-a-five  (1087-a5)  as  amended  by  chapter 
sixty-nine  (69)  acts  of  the  thirty-third  general  assembly;  ten 


36  PRIMARY  ELECTION  LAWS 

hundred  eighty-seven-a-six  (1087-a6)  as  amended  by  chapter 
sixty-nine  (69)  acts  of  the  thirty- third  general  assembly;  ten 
hundred  eighty-seven-a-seven  (1087-a7),  ten  hundred  eighty  - 
seven-a-eight  (1087-a8)  ;  ten  hundred  eighty-seven-a-nine  (1087- 
a9),  ten  hundred  eighty-seven-a-eleven  (1087-all),  ten  hundred 
eighty-seven-a-fifteen  (1087-al5),  as  amended  by  chapter  sixty- 
nine  (69)  acts  of  the  thirty-third  general  assembly;  ten  hundred 
eighty-seven-a-sixteen  (1087-al6),  ten  hundred  eighty-seven-a- 
seventeen  (1087-al7),  ten  hundred  eighty-seven-a-eighteen  (1087- 
a!8)  as  amended  by  chapter  sixty-nine  (69)  acts  of  the  thirty- 
third  general  assembly,  ten  hundred  eighty-seven-a-twenty-four 
(1087-a24)  as  amended  by  chapter  sixty-nine  (69)  acts  of  the 
thirty-third  general  assembly,  ten  hundred  eighty-seven-a-twenty- 
five  (1087-a25),  ten  hundred  eighty-seven-a-twenty-six  (1087-a26), 
ten  hundred  eighty-seven-a-twenty-seven  (1087-a27),  ten  hundred 
eighty-seven-a-thirty-one  (1087-a31) ;  ten  hundred  eighty-seven-a- 
thirty-two  (1087-a32),  ten  hundred  eighty-seven-a-thirty-three 
(1087-a33)  of  the  supplement  to  the  code,  1907,  are  hereby  made 
applicable  to  and  shall  govern  and  control  in  the  conduct  of 
the  election  herein  provided.  [35  G-.  A.,  ch.  Ill,  §  12.] 

Sec.  1087-b.  Nomination — election.  That  from  and  after  the 
passage  of  this  act,  all  candidates  for  the  office  of  judge  of  the 
supreme,  district  and  superior  court,  in  the  state  of  Iowa,  shall 
be  nominated  at  the  regular  primary  election,  and  elected  at  the 
general  election  in  November,  in  the  manner  hereinafter  pro- 
vided. [35  G.  A.,  ch.  104,  §  1.] 

Sec.  1087-bl.  Candidate — petition.  Any  person  desiring  to  be- 
come a  candidate  for  the  office  of  supreme  or  district  judge  at 
the  regular  primary  election  shall,  not  less  than  forty  (40)  days 
prior  to  the  date  of  such  primary  election,  file  in  the  office  of 
the  secretary  of  state,  a  petition  favoring  his  nomination  signed 
by  qualified  electors  as  follows:  If  the  person  on  whose  behalf 
said  petition  is  filed  is  a  candidate  for  nomination  for  judge 
of  the  supreme  court,  said  petition  shall  be  signed  by  not  less 
than  five  thousand  (5,000)  qualified  electors  of  the  state  of  which 
at  least  thirty  (30)  shall  reside  in  each  county  of  the  state,  and 
the  name  of  such  candidate  shall  not  appear  upon  the  primary 
ballot  in  any  county  where  the  petition  of  the  required  thirty 
(30)  qualified  electors  has  not  been  filed.  If  the  person  on 
whose  behalf  said  petition  is  filed  is  a  candidate  for  nomination 


PRIMARY  ELECTION  LAWS  37 

for  judge  of  the  district  court,  said  petition  shall  be  signed  by 
not  less  than  five  hundred  (500)  qualified  electors  of  the  ju- 
dicial district  for  which  he  is  a  candidate,  and  at  least  fifty  (50) 
of  such  qualified  electors  shall  reside  in  each  county  of  such  dis- 
trict, and  the  name  of  any  such  candidate  shall  not  be  printed 
upon  the  primary  ballot  in  any  county  of  such  district  where  the 
petition  signed  by  the  required  fifty  (50)  qualified  electors  has 
not  been  filed.  Any  person  desiring  to  become  a  candidate  for 
the  office  of  judge  of  the  superior  court  at  the  regular  primary 
election  shall,  not  less  than  forty  (40)  days  before  such  primary 
election,  file  in  the  office  of  the  county  auditor  in  the  county  in 
which  said  court  is  located  a  petition  favoring  his  nomination 
signed  by  not  less  than  two  hundred  fifty  (250)  qualified  elec- 
tors of  the  municipality  in  which  said  superior  court  is  located. 
[35  G.  A.,  ch.  104,  §  2.] 

Sec.  1087-b2.  Non-partisan  judiciary  ticket — primary.  At  all 
primary  elections  at  which  candidates  for  judges  are  to  be  nom- 
inated, there  shall  be  provided  on  each  ballot  for  each  political 
party,  a  ticket  entitled  "Non-partisan  judiciary  ticket",  and  the 
names  of  such  candidates  as  shall  have  complied  with  the  re- 
quirements of  this  act  shall  be  placed  thereon  in  the  same  order 
as  the  names  of  the  party  candidates,  but  without  any  party 
designation ;  and.  the  ticket  shall  be  the  same  on  all  ballots,  ex- 
cept as  varied  to  change  the  alphabetical  rotation.  The  num- 
ber of  judges  each  elector  is  entitled  to  vote  for  shall  be  stated 
on  the  ballot.  Each  elector  shall  be  allowed  to  vote  at  each  pri- 
mary for  twice  as  many  candidates  to  be  nominated  as  there  are 
number  of  places  to  be  filled  at  the  election.  In  case  of  a  tie 
vote  which  leaves  it  unsettled  as  to  which  candidates  are  nomi- 
nated, the  secretary  of  state  shall  determine  it  by  lot,  except  as 
to  superior  judge  in  which  case  the  county  auditor  instead  of  the 
secretary  of  state  shall  determine  who  is  nominated  in  the  same 
manner  by  lot.  [35  G.  A.,  ch.  104,  §  3.] 

Sec.  1087-b3.    Non-partisan  judicial  ticket — election.    At  the 

general  election  in  November  there  shall  be  placed  on  the  ballots 
a  separate  ticket  entitled  non-partisan  judicial  ticket,  upon  which 
shall  be  placed  the  names  of  the  candidates  nominated  for  judges 
of  the  supreme  court,  district,  or  superior  courts  in  the  state, 
and  in  the  several  districts  and  cities  who  have  been  nominated 
as  herein  provided.  The  names  of  all  candidates  shall  be  placed 


38  PRIMARY  ELECTION  LAWS 

on  said  ticket  and  in  the  same  order  as  far  as  possible  as  other 
candidates  and  with  the  same  provisions  with  reference  to  al- 
phabetical rotation  and  the  number  of  candidates  for  each  of- 
fice to  which  the  elector  is  entitled  to  vote.  The  candidate  or 
candidates  on  such  judicial  ticket  receiving  the  highest  number 
of  votes  shall  be  considered  elected.  [35  G.  A.,  ch.  104,  §  4.] 

Sec.  1087-b4.  Withdrawals — vacancies.  The  method  of  with- 
drawal, filling  vacancies,  conducting  such  primary  and  general 
elections,  of  preparation  of  the  ballot,  of  canvassing  the  vote,  of 
announcing  the  result,  of  recounting  the  ballot,  of  publishing 
notice  of  nomination  and  election,  and  the  penalty  for  the  illegal 
voting,  misconduct  of  the  election  officials,  and  the  making  of  the 
sworn  return  of  nomination  and  election  expenses,  shall,  so  far 
as  applicable,  be  the  same  as  now  provided  for  the  regular  pri- 
mary and  general  election  laws  of  Iowa.  [35  G.  A.,  ch.  104, 
§5.] 

Sec.  1087-b5.  Acts  in  conflict  repealed.  All  acts  and  parts  of 
acts  inconsistent  with  this  act,  are  hereby  repealed.  [35  G.  A., 
ch.  104,  §  6.] 

Sec.  1087-c.  Primary  and  general  election — same  as  state  of- 
ficers. The  names  of  the  candidates  of  the  different  parties  for 
United  States  senator  shall,  at  the  primary  election  and  the  gen- 
eral election  in  the  year  preceding  the  expiration  of  the  term  of 
office  of  United  States  senator,  or  in  case  of  a  vacancy  in  said 
office,  be  placed  on  the  official  ballot  in  the  proper  place,  and 
there  shall  be  nominated  and  elected  a  United  States  senator  or 
senators,  as  the  case  may  be,  in  the  manner  now  provided  by  law 
for  the  nomination  and  election  of  state  officers,  and  all  pro- 
visions of  the  law  pertaining  to  the  nomination  and  election  of 
state  officers,  congressmen  and  presidential  electors  shall  apply  to 
the  nomination  and  election  of  United  States  senators  in  so  far 
as  the  same  may  be  applicable,  the  same  as  though  the  words 
' 'United  States  senator"  were  specifically  written  therein.  [35 
G.  A.,  ch.  105,  §  1.] 

(While  the  principal  provisions  of  Chapter  109  of  the  Acts  of  the 
Thirty-fifth  General  Assembly,  commonly  known  as  the  "Oregon  Law" 
are  now  rendered  inoperative  by  an  amendment  to  the  federal  constitu- 
tion providing  for  the  election  of  senators  in  the  congress  of  the  United 
States  by  a  direct  vote  of  the  people,  there  are  minor  provisions  of  this 
chapter  not  readily  separated  from  the  others,  which  seem  to  amend 
existing  statutes  of  the  state  and,  therefore,  the  entire  chapter  is  included 
in  this  compilation. — Ed.) 


PRIMARY  ELECTION   LAWS  39 

CHAPTER  109. 

ACTS  OF   THE   THIRTY-FIFTH   GENERAL  ASSEMBLY. 

NOMINATION  AND  CANVASS  OF  VOTE  FOR  UNITED  STATES 

SENATOR. 

H.  F.  1. 

AN  ACT  to  amend  the  law  as  it  appears  in  sections  ten  hundred  eighty- 
seven-a-ten  (1087-alO),  ten  hundred  eighty-seven-a-twenty-two  (1087- 
a22),  and  ten  hundred  eighty-seven-a-twenty-seven  (1087-a27),  of  the 
supplement  to  the  code,  1907,  as  amended  by  chapter  sixty-nine  (69) 
of  the  acts  of  the  thirty-third  (33d)  general  assembly,  section  eleven 
hundred  six  (1106)  of  the  supplement  to  the  code,  1907,  and  sections 
eleven  hundred  fifty  (1150),  eleven  hundred  fifty-one  (1151),  eleven 
hundred  fifty-seven  (1157),  and  eleven  hundred  sixty-two  (1162),  of 
the  code,  and  repealing  chapter  one  (1)  of  the  acts  of  the  special 
session  of  the  thirty-second  (32d)  general  assembly,  and  enacting  a 
substitute  therefor,  all  relating  to  the  nomination  of  candidates  for 
the  office  of  senator  in  the  congress  of  the  United  States  and  of  the 
canvass  of  the  vote  for  senator  in  the  congress  of  the  United  States, 
and  providing  for  nominations  for  such  office  in  case  of  vacancy. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa, 

Section  1.  Nomination  papers — candidate — affidavit.  That 
section  ten  hundred  eighty-seven-a-ten  (1087-alO)  of  the  supple- 
ment to  the  code,  1907,  as  amended  by  section  four  (4)  of  chap- 
ter sixty-nine  (69)  of  the  acts  of  the  thirty-third  (33d)  general 
assembly,  be  and  the  same  is  hereby  amended  by  adding  thereto 
the  following :  In  case  an  elector  seeks  the  nomination  for  office  of 
senator  or  representative  in  the  general  assembly  he  shall  be 
furnished,  on  application  to  the  secretary  of  state,  an  affidavit 
blank  in  the  form  as  required  herein,  save  that  there  shall  be 
printed  in  blank  form  and  on  the  same  sheet  of  paper,  by  way 
of  addition  thereto,  the  following  statements,  either  of  which  he 
may  sign,  but  if  he  does  not  do  so,  the  secretary  of  state  shall 
not  on  that  account  refuse  to  file  his  nomination  paper: 

STATEMENT  NO.  1. 

I  further  state  to  the  people  of  Iowa  and  of  my  legislative  dis- 
trict, that,  during  my  term  of  office  I  will  always  vote  for  the 
candidate  for  senator  in  congress  from  this  state  who  has  re- 
ceived the  highest  number  of  the  people's  votes  for  that  posi- 
tion in  the  entire  state  at  the  general  election  next  preceding  the 


40  PRIMARY   ELECTION  LAWS. 

election  of  a  senator  in  congress  of  the  United  States  without 
regard  to  my  individual  preference. 


Signature  of  Candidate. 

STATEMENT  NO.  2. 

I  hereby  declare  that  if  elected  to  the  office  which  I  seek,  I 
shall  consider  the  vote  of  the  people  for  senator  in  the  congress 
of  the  United  States  nothing  more  than  a  recommendation,  and 
shall  feel  free  to  wholly  disregard  the  same. 


Signature  of  Candidate. 

Upon  the  primary  ballot,  below  the  name  of  such  candidate, 
shall  be  printed  one  of  the  following  statements,  according  to 
which  of  the  preceding  statements,  if  either,  is  signed  by  such 
candidate : 

1.  "Promises  to  abide  by  vote  of  the  people  on  United  States 
senator." 

2.  "Refuses  to  be  bound  by  vote  of  people  on  United  States 
senator. 

3.  "Refuses  to  make  any  statement  on  United  States  senator." 

Sec.  2.  Canvass  by  state  board — certificates.  That  section  ten 
hundred  eighty-seven-a- twenty-two  (1087-a22)  of  the  supplement 
to  the  code,  1907,  as  amended  by  section  twelve  (12)  of  chapter 
sixty-nine  (69)  of  the  acts  of  the  thirty-third  (33d)  general  as- 
sembly be  and  the  same  is  hereby  amended  by  inserting  after 
the  comma,  following  the  word  "people"  in  the  thirteenth  (13th) 
line  thereof,  and  before  the  word  "having"  in  the  fourteenth 
(14th)  line  thereof,  the  following:  "including  the  office  of  sena- 
tor in  the  congress  of  the  United  States." 

Sec.  3.  State  convention — state  central  committee.  That  sec- 
tion ten  hundred  eighty-seven-a-twenty-seven  (1087-a27)  of  the 
supplement  to  the  code,  1907,  as  amended  by  section  sixteen  of 
chapter  sixty-nine  (69)  of  the  acts  of  the  thirty-third  (33d) 
general  assembly  be  and  the  same  is  hereby  amended  by  insert- 
ing after  the  word  "state"  in  the  fifteenth  (15th)  line  thereof, 
and  before  the  word  "when"  in  the  fifteenth  (15th)  line  thereof, 
the  following:  "including  the  office  of  senator  in  the  congress 
of  the  United  States." 


PRIMARY  ELECTION  LAWS  41 

Sec.  4.  Ballot — form,  That  section  eleven  hundred  six  (1106) 
of  the  supplement  to  the  code,  1907,  be  and  the  same  is  hereby 
amended  by  inserting  therein  after  the  word  "designation"  in 
the  ninth  (9th)  line  thereof  the  following:  "provided  further, 
however,  that  at  all  general  elections  next  preceding  the  election 
of  a  senator  in  the  congress  of  the  United  States  there  shall  be 
placed  upon  the  official  ballot  the  names  of  all  candidates  for  the 
office  of  senator  in  the  congress  that  have  been  nominated  by  any 
of  the  methods  now,  or  which  may  hereafter  be  provided  by  law, 
for  the  nomination  of  state  officers,  the  votes  for  which  candidate 
shall  be  counted  and  certified  to  by  the  election  judges  in  the 
same  manner  as  the  votes  for  other  candidates." 

Sec.  5.  Abstracts.  That  section  eleven  hundred  fifty  (1150) 
of  the  code  be  and  the  same  is  hereby  amended  by  adding  thereto 
the  following:  "Senators  in  the  congress  of  the  United  States." 

Sec.  6.  United  States  senators.  That  section  eleven  hundred 
fifty-one  (1151)  of  the  code  be  and  the  same  is  hereby  amended 
by  inserting  between  the  words  "for"  and  "congressman"  in 
the  first  line  thereof,  the  following:  "senators  in  the  congress 
of  the  United  States." 

Sec.  7.  Abstracts  forwarded  to  secretary  of  state.  That  sec- 
tion eleven  hundred  fifty-seven  (1157)  of  the  code  be  and  the 
same  is  hereby  amended  by  inserting  between  the  words  "elec- 
tors" and  "representatives,"  in  the  sixth  line  thereof,  the  fol- 
lowing: "senators  and." 

Sec.  8.  Canvass  by  state  board.  That  section  eleven  hundred 
sixty-two  (1162)  of  the  code  be  and  the  same  is  hereby  amended 
by  adding  thereto  the  following:  "The  said  board  shall  at  the 
same  time  and  in  the  same  manner  open  the  abstracts  of  the 
vote  for  senator  in  the  congress  of  the  United  States,  transmitted 
to  the  secretary  of  state,  and  canvass  the  vote  therein  returned. 
They  shall  make  an  abstract  of  said  returns  in  duplicate  and 
duly  certify  the  same  and  deliver  the  same  to  the  secretary  of 
state,  properly  sealed,  who  shall  retain  the  same  in  his  office 
until  the  convening  of  the  next  general  assembly,  when  he  shall 
transmit  one  of  said  certified  abstracts  to  the  president  of  the 
senate  and  one  to  the  speaker  of  the  house  of  representatives, 
who  shall  open  the  same  respectively  and  lay  them  before  the 
respective  houses  when  the  same  bodies  shall  be  in  session  for 
the  election  of  a  senator  in  the  congress  of  the  United  States," 


42  PRIMARY  ELECTION  LAWS. 

Sec.  9.  Repealed— withdrawal— vacancy— how  filled.  Chapter 
one  (1)  of  the  acts  of  the  special  session  of  the  thirty-second 
general  assembly  is  hereby  repealed,  and  the  following  enacted 
as  a  substitute  therefor: 

"In  case  of  death,  withdrawal,  or  inability  to  act,  for  any 
cause,  of  a  party's  candidate  for  senator  in  the  congress  of  the 
United  States,  as  expressed  in  the  regular  June  primary,  such  va- 
cancy shall  be  filled  by  the  state  convention  of  said  party,  held 
in  accordance  with  the  provisions  of  section  ten  hundred  eighty- 
seven-a-twenty-seven  (1087-a27)  of  the  supplement  to  the  code, 
1907,  provided  that  if  such  vacancy  occurs  after  the  holding  of 
said  convention  and  thirty  (30)  days  prior  to  the  holding  of 
the  regular  November  election,  said  delegates  to  said  convention 
shall  be  reconvened  within  ten  days  after  such  vacancy  has  oc- 
curred, by  the  chairman  of  said  party's  state  central  committee, 
and  a  party  candidate  shall  be  named  in  said  convention  to  fill 
such  vacancy.  If  such  vacancy  occur  too  late  to  be  filled  in  the 
manner  above  provided  prior  to  the  regular  November  election, 
the  vote  and  pledge  here  provided  for  shall  not  be  binding  upon 
the  members  of  the  general  assembly." 

Approved  March  18th,  1913. 


PART  I 

DIVISION  2. 

NOMINATIONS   BY   PETITION   OR   CONVENTION. 

Sec.  1098.  Nomination  by  convention.  Any  convention  of 
delegates,  and  any  primary,  caucus  or  meeting  of  qualified  elec- 
tors, representing  a  political  party  which,  at  the  general  election 
next  preceding,  polled  at  least  two  per  cent,  of  the  entire  vote 
cast  in  the  state,  may,  for  the  state,  or  any  division  or  municipal- 
ity thereof  for  which  the  same  is  held,  make  one  nomination  of  a 
candidate  for  each  office  therein  to  be  filled  at  the  election,  and 
any  such  convention,  primary,  caucus  or  meeting,  representing 
a  political  party  which,  at  the  general  election  next  preceding, 
polled  at  least  two  per  cent,  of  the  entire  vote  cast  in  any  divi- 
sion or  municipality  of  the  state,  may,  for  such  division  or  munic- 
ipality, or  for  any  political  sub-division  thereof  for  which  the 
same  is  held,  make  one  such  nomination  for  each  office  therein  to 
be  filled  at  the  election.  [24  G.  A.,  ch.  33,  §  4.] 

Sec.  1099.  Certificates.  Certificates  of  nominations,  made  as 
provided  in  the  preceding  section,  shall,  besides  containing  the 
names  of  candidates,  specify  as  to  each: 

1.  The  office  to  which  he  is  nominated ; 

2.  The  party  making  such  nomination,  or  political  principle 
which  he  represents,  expressed  in  not  more  than  five  words ; 

3.  His  place  of  residence,  with  the  street  and  number  thereof, 
if  any. 

In  case  of  electors  for  president  and  vice-president  of  the  United 
States,  the  names  of  the  candidates  for  president  and  vice-presi- 
dent may  be  added  to  the  party  or  political  name.  Every  such 
certificate  of  nomination  shall  be  signed  by  the  presiding  officer 
and  secretary  of  the  convention,  caucus  or  meeting  of  qualified 
electors,  or  by  the  board  of  canvassers  to  which  the  returns  of 
such  primary  election  are  made,  each  of  whom  shall  add  to  his 
signature  his  place  of  residence,  and  shall  be  sworn  to  by  each 
signer  thereof  to  be  true  to. the  best  of  his  knowledge  and  be- 
lief, and  a  certificate  of  the  oath  shall  be  annexed  to  the  certificate 
of  nomination.  The  presiding  officer  and  secretary  of  each  con- 


44  NOMINATIONS  BY  PETITION  OR  CONVENTION 

vention,  primary,  caucus  or  meeting  shall  also  certify,  to  the 
officer  with  whom  the  nomination  certificates  are  filed,  the  names 
and  addresses  of  each  of  the  members  of  the  executive  or  central 
committee  appointed  or  elected  by  or  representing  it,  and  the 
provisions,  if  any,  made  by  it  for  filling  vacancies  in  nominations ; 
and  this  may  be  done  in  the  nomination  certificate,  or  by  a 
separate  certificate.  [Same,  §§4,  6.] 

Sec.  1100.  Nominations  by  petition.  Nominations  for  candi- 
dates for  state  offices,  may  also  be  made  by  nomination  paper  or 
papers  signed  by  not  less  than  five  hundred  qualified  voters  of 
the  state;  for  county,  district  or  other  division,  not  less  than  a 
county,  by  such  paper  or  papers  signed  by  not  less  than  twenty- 
five  qualified  voters,  residents  of  such  county,  district  or  divi- 
sion; and  for  township,  city,  town  or  ward,  by  such  paper  or 
papers  signed  by  not  less  than  ten  qualified  voters,  residents  of 
such  township,  city,  town  or  ward;  but  the  name  of  a  candidate 
placed  upon  the  ballot  by  any  other  method  shall  not  be  added 
by  petition  for  the  same  office.  Each  elector  so  petitioning  shall 
add  to  his  signature  his  place  of  business  and  postoffice  address. 
[Same,  §  5.] 

Petitioners  who  'have  candidates  placed  on  the  ballot  without  a  nomi- 
nating convention  are  not  entitled  to  have  their  ticket  headed  by  the 
name  of  the  party  which  they  may  claim  to  represent,  when  such  party 
nominates  a  ticket  by  convention.  The  appellation  of  the  ticket  is  a  mat- 
ter to  be  determined  by  the  officers  making  up  the  ballot.  Loivery  v.  Da- 
vis, 70  N.  W.,  190,  101-236. 

Sec.  1101.  Withdrawals.  Any  candidate  named  by  either  of 
the  methods  authorized  in  this  chapter  may  withdraw  his  nomina- 
tion by  a  written  request,  signed  and  -acknowledged  by  him  be- 
fore any  officer  empowered  to  take  the  acknowledgment  of  deeds, 
and  filed  in  the  office  of  the  secretary  of  state  fifteen  days,  or  the 
proper  auditor  or  clerk  eight  days,  before  the  day  of  election, 
and  no  name  so  withdrawn  shall  be  printed  upon  the  ballot.  In 
case  of  a  special  election  to  fill  vacancies  in  office,  such  withdrawal 
papers  shall  be  filed  with  the  secretary  of  state  seven,  days,  and 
with  the  proper  auditor  or  clerk  four  days,  before  the  day  of 
such  special  election.  [Same,  §  8.] 

Sec.  1102.  Vacancies  filled.  If  a  candidate  declines  a  nomina- 
tion, or  dies  before  election  day,  or  should  any  certificate  of  nomi- 
nation or  nomination  paper  be  held  insufficient  or  inoperative  by 
the  officer  with  whom  it  may  be  filed,  or  in  case  any  objection 
made  to  any  certificate  of  nomination,  nomination  paper,  or  to 


NOMINATIONS  BY  PETITION  OR  CONVENTION  45 

the  eligibility  of  any  candidate  therein  named,  is  sustained  by 
the  board  appointed  to  determine  such  questions  as  hereinafter 
provided,  the  vacancy  or  vacancies  thus  occasioned  may  be  filled 
by  the  convention,  caucus,  meeting  or  primary,  or  other  persons 
making  the  original  nominations,  or  in  such  a  manner  as  such  con- 
vention, caucus,  meeting  or  primary  has  previously  provided.  If 
the  time  is  insufficient  for  again  holding  such  convention,  caucus, 
meeting  or  primary,  or  in  ease  no  such  previous  provisions  being 
made,  such  vacancy  shall  be  filled  by  the  regularly  elected  or 
appointed  executive  or  central  committee  of  the  particular  divi- 
sion or  district  representing  the  political  party  or  persons  hold- 
ing such  convention,  primary,  meeting  or  caucus,  and  certified 
as  hereinbefore  provided.  The  certificates  of  nominations  made 
to  supply  such  vacancies  shall  state,  in  addition  to  the  facts  here- 
inbefore required,  the  name  of  the  original  nominee,  the  date  of 
his  death  or  declination  of  nomination,  or  the  fact  that  the  former 
nomination  has  been  held  insufficient  or  inoperative,  and  the 
measures  taken  in  accordance  with  the  above  requirements  for 
filling  a  vacancy,  and  shall  be  signed  and  sworn  to  by  the  presid- 
ing officer  and  secretary  of  the  convention,  caucus,  meeting  or 
primary,  or  by  the  chairman  and  secretary  of  the  committee,  as 
the  case  may  be.  [Same,  §  9.] 

When  a  certificate  of  nomination  of  candidates  is  held  by  the  county 
auditor  not  to  have  been  filed  with  him  in  time,  the  vacancies  in  nomina- 
tion for  such  office  may  be  filled  in  accordance  with  the  provisions  of  this 
section.  The  holding  of  the  auditor  that  the  filing  is  not  as  required  by 
law  is  a  holding  that  the  nominating  certificate  is  insufficient  and  inop- 
erative. Reese  v.  Hogan,  117-603. 

These  provisions  as  to  filling  vacancies  by  a  party  central  committee  are 
superceded  by  the  provision  as  to  primary  elections  found  in  Code  Supp. 
Sec.  1087-a24.  State  v.  Hayivard,  Secretary  of  State,  141-196. 

Sec.  1103.  Objections.  All  objections  or  other  questions  aris- 
ing in  relation  to  certificates  of  nomination  or  nomination  papers 
shall  be  filed  with  the  officer  with  whom  the  certificate  of  nomina- 
tion or  nomination  papers  to  which  objection  is  made  are  filed. 
Those  with  the  secretary  of  state  shall  be  filed  not  less  than  twenty 
days,  and  those  with  other  officers  not  less  than  eight  days,  before 
the  day  of  election,  except  that  nominations  to  fill  vacancies  occur- 
ring after  said  time,  or  in  case  of  nomination  made  to  be  voted  on 
at  a  special  election,  objection  shall  be  filed  within  three  days  after 
the  filing  of  the  certificate  or  nomination  papers.  Objections 
filed  with  the  secretary  of  state  shall  be  considered  by  the  secre- 
tary and  auditor  of  state  and  attorney-general,  and  a  majority 
decision  shall  be  final;  but  if  the  objection  is  to  the  certificate 


46  NOMINATIONS  BY  PETITION  OR  CONVENTION 

or  nomination  papers  of  one  or  more  of  the  above  named  officers, 
said  officer  or  officers  so  objected  to  shall  not  pass  upon  the  same, 
but  their  places  shall  be  filled,  respectively,  by  the  treasurer  of 
state,  the  governor,  and  the  superintendent  of  public  instruction. 
Objections  filed  with  the  county  auditor  shall  be  considered  by 
the  county  auditor,  clerk  of  the  district  court  and  county  attorney, 
and  a  majority  decision  shall  be  final;  but  if  the  objection  is  to 
the  certificate  or  nomination  papers  of  one  or  more  of  the  above 
named  county  officers,  said  officer  or  officers  so  objected  to  shall 
not  pass  upon  such  objection,  but  their  places  shall  be  filled,  re- 
spectively, by  the  county  treasurer,  the  sheriff  and  county  super- 
intendent. Objections  filed  with  the  city  or  town  clerk  shall  be 
considered  by  the  mayor  and  clerk  and  one  member  of  the  council 
chosen  by  the  council  by  ballot,  and  a  majority  decision  shall  be 
final;  but  if  the  objection  is  to  the  certificate  or  nomination  papers 
of  either  of  said  city  or  town  officials,  he  shall  not  pass  upon  said 
objection,  but  his  place  shall  be  filled  by  a  member  of  the  council 
against  whom  no  such  objection  exists,  chosen  as  above  provided. 
When  any  of  the  above  objections  are  made,  notice  shall  forth- 
with be  given  to  the  candidate  affected  thereby,  addressed  to  his 
place  of  residence  as  given  in  the  certificate  or  nomination  papers, 
stating  that  objections  have  been  made  to  his  certificate  or  nom- 
ination papers,  also  stating  the  time  and  place  such  objections 
will  be  considered.  [Same,  §  10.] 

This  section  creates  a  tribunal  for  the  determination  of  all  questions 
arising  in  relation  to  nominations  or  nomination  papers  and  makes  the 
decision  of  such  tribunal  final.  State  v.  Hayioard,  Secretary  of  State,  141- 
196. 

While  objections  to  a  relator's  nomination  can  only  be  made  as  here 
provided  yet  where  by  re-districting  a  nomination  for  county  supervisor 
is  rendered  ineffectual  there  is  a  vacancy  as  to  such  nomination.  State 
v.  Parker,  147-69. 

Sec.  1104.  Filing  certificates  and  petitions.  Certificates  of 
nomination  and  nomination  papers  of  candidates  for  state,  con- 
gressional, judicial  and  legislative  offices  shall  be  filed  with  the 
secretary  of  state,  not  more  than  sixty  nor  less  than  thirty  days ; 
those  for  all  other  officers,  except  for  cities  and  towns,  with  the 
county  auditors  of  the  respective  counties,  not  more  than  sixty 
nor  less  than  twenty  days;  and  for  the  offices  in  the  cities  and 
towns,  with  the  clerks  thereof,  not  more  than  forty  nor  less  than 
ten  days,  before  the  day  fixed  by  law  for  the  holding  of  the 
election.  Such  certificates  and  nomination  papers  thus  filed,  and 
being  apparently  in  conformity  with  law,  shall  be  regarded  as 


NOMINATIONS  BY  PETITION  OR  CONVENTION  47 

valid,  unless  objection  in  writing  thereto  shall  be  made,  and, 
under  proper  regulations,  shall  be  open  to  public  inspection,  and 
preserved  by  the  receiving  officer  for  not  less  than  six  months 
after  the  election  is  had.  Any  error  found  in  such  papers  may  be 
corrected  by  the  substitution  of  another,  executed  as  is  required 
for  an  original  nomination  certificate  or  paper.  In  case  of  special 
election  to  fill  vacancies  in  office,  certificates  of  nomination  or 
nomination  papers,  for  nomination  of  candidates  for  office  to  be 
filled  by  the  electors  of  a  larger  district  than  a  county,  may  be 
filed  with  the  secretary  of  state,  not  later  than  ten  days  before  the 
time  of  election.  Certificates  of  nomination  or  nomination  papers, 
nominating  candidates  for  office  to  be  filled  by  the  electors  of  a 
county,  may  be  filed  with  the  county  auditor  at  any  time  not  less 
than  five  days  before  the  election.  [26  G.  A.,  ch.  68,  §§  1-2;  24 
G.  A.,  ch.  33,  §§  4,  7,  8,  10.] 

Sec.  1105,     Nominations  transmitted  to  county  auditor.     Not 

less  than  fifteen  days  before  the  election,  the  secretary  of  state 
must  certify  to  the  auditor  of  each  county  in  which  any  of  the 
electors  have  the  right  to  vote  for  any  candidate  or  candidates, 
the  name  and  residence  of  each  person  nominated,  whether  an 
original  nomination  or  to  fill  a  vacancy,  to  be  voted  for  at  such 
election,  and  the  order  in  which  the  tickets  shall  appear  on  the 
ballot.  Should  a  vacancy  in  the  nominations  occur  arid  be  filled 
after  this  certificate  has  been  forwarded,  a  like  certificate  shall  at 
once  issue  and  be  sent  the  proper  officer.  In  case  of  special  elec- 
tion to  fill  vacancy  in  office,  the  certificate  by  the  secretary  of 
state  to  the  county  auditor  may  be  made  at  any  time  not  later 
than  seven  days  before  the  election.  [26  G.  A.,  ch.  68,  §§  1,  2; 
24  G.  A.,  ch.  33,  §§  11-13.] 


PART  II 

REGISTRATION   OF   VOTERS. 

Sec.  1076.  Board  of  registers.  In  cities  having  a  population 
of  thirty-five  hundred  or  more,  not  including  the  inmates  of  any 
state  institution,  the  council,  on  or  before  the  sixth  Monday  pre- 
ceding each  general  election,  and  on  or  before  the  third  Monday 
prior  to  any  city  election  to  be  held  during  the  year  1906,  shall 
appoint  one  suitable  person  from  each  of  the  two  political  parties 
which  cast  the  greatest  number  of  votes  at  the  last  general  elec- 
tion, from  three  names  presented  by  each  chairman  of  the  city 
central  political  committee  of  such  parties,  to  be  registers  in  each 
election  precinct  in  the  city  for  the  registration  of  voters  therein, 
who  shall  be  electors  of  the  precinct  in  which  they  are  to  serve, 
of  good  clerical  ability,  speaking  the  English  language  under- 
standingly,  temperate,  of  good  habits  and  reputation,  who  shall 
qualify  by  taking  an  oath  or  affirmation  to  the  effect  that  they  will 
well  and  truly  discharge  all  of  the  duties  required  of  them  by 
law.  They  shall  hold  their  office  for  two  year  [si,  but  registers 
appointed  for  city  elections  during  the  year  1906  shall  hold  such 
office  only  until  such  election  is  completed,  and  receive  compen- 
sation at  the  rate  of  two  dollars  and  fifty  cents  for  each  calendar 
day  engaged  in  the  discharge  of  their  duties,  to  be  paid  by  the 
county,  except  in  case  of  city  elections,  when  they  shall  be  paid 
by  the  city.  If  for  any  cause  such  registers,  or  any  of  them, 
shall  not  be  appointed  at  or  before  the  time  above  mentioned,  or. 
if  appointed,  shall  be  unable  for  any  cause  to  discharge  the  duties 
of  such  office,  the  mayor  of  such  city  shall  forthwith,  on  similar 
recommendation,  make  such  appointments  and  fill  all  vacancies. 
Should  the  mayor,  upon  the  request  of  five  freehold  electors,  fail 
for  a  period  of  three  days  to  perform  the  duties  aforesaid,  he 
shall  forfeit  and  pay,  at  the  action  of  any  such  elector,  the  sum  of 
one  hundred  dollars  per  day,  for  the  equal  benefit  of  the  city  and 
plaintiff.  The  provisions  of  this  title  shall  apply  to  cities  acting 
under  special  charters,  with  like  effect  as  though  said  cities  were 
acting  under  the  general  incorporation  laws  of  the  state. 

If  any  voting  precinct  or  one  or  more  adjoining,  contains  a  village 
having  a  population  of  thirty-five  hundred  (3500)  or  more,  the 


REGISTRATION  OP  VOTERS  49 

board  of  supervisors  of  the  county  shall  appoint  two  registrars 
for  each  of  such  voting  precincts  for  the  purpose  of  registering 
the  voters  thereof  for  general  election.  [26  G.  A.,  ch.  62;  22  G. 
A.,  ch.  48,  §§  5,  12;  21  G.  A.,  ch.  167,  §  3.]  [31  G.  A,,  ch.  40, 
§  1.]  [31  G.  A.,  ch.  41.]  [35  G.  A.,  ch.  108,  §  1J 

The  provisions  of  this  title  of  the  code  relating  to  election  contests  are 
applicable  to  cities  under  special  charter.  Sterne  v.  Off,  149-96. 

Sec.  1076-la,  Registrars.  One  registrar  for  each  political  party 
shall  be  apointed  from  names  presented  by  the  chairman  of  the 
county  central  committee  of  the  two  political  parties  in  each  of 
said  precincts  casting  the  greatest  number  of  votes  therein  at  the 
last  general  election.  In  all  other  respects  relating  to  registration 
of  voters  in  such  precincts,  the  law  applicable  to  voters  at  the 
general  election  in  cities  shall  be  applicable  to  such  voting  precincts, 
and  registrars  and  voters  of  such  voting  precincts  shall  be  gov- 
erned thereby  except  that  the  expense  thereof  shall  be  paid  by  the 
county.  [35  G.  A.,  ch.  108,  §  2.] 

Sec.  1076-a.  Special  charter  cities.  This  act  shall  apply  to 
cities  under  special  charters  with  same  effect  as  to  cities  under 
the  general  laws.  [31  G.  A.,  ch.  40,  §  2.] 

Sec.  1077.  Registration.  The  registers  shall  meet  on  the  sec- 
ond Thursday  prior  to  any  general,  city,  or  special  election,  at  the 
usual  voting  place  in  the  precinct  in  which  they  have  been  ap- 
pointed, and  shall  hold  continuous  sessions  for  two  consecutive 
days,  from  eight  o'clock  in  the  forenoon  until  nine  o'clock  in  the 
afternoon,  and,  in  presidential  years,  such  sessions  shall  be  held 
for  three  days.  Any  person  claiming  to  be  a  voter,  or  that  he  will 
be  on  election  day,  may  appear  before  them  in  the  election  pre- 
cinct where  he  claims  he  is  or  will  be  entitled  to  vote,  and  make 
and  subscribe,  under  oath,  a  statement  in  a  registry  book,  to  be 
provided  by  the  clerk  and  furnished  the  registers,  at  the  equal  ex- 
pense of  the  city  and  county,  and  kept  open  for  public  inspection 
and  examination  during  the  time  fixed  for  the  registration,  which 
statement  shall  be  in  the  following  form  and  contain  the  follow- 
ing matter : 


50 


REGISTRATION  OP  VOTERS 


REGISTER    OF    VOTERS PRECINCT WARD. 


Number 

Residence 

9) 

S 

oS 
fc 

V 

be 
«l 

Nativity 

£ 
"o 
O 

Term  of 
Residence 

Naturalized 

Date  of  papers 

£H 

3 
O 
O 

% 
I 

bo 

"o 

1 
>> 

W 

Qualified  voter 

Date  of  application 

Last  preceding  place 
of  residence 

Signature 

Precinct,  street, 
number 

County 

1 

02 

The  signature  of  the  applicant  shall  be  made  at  the  right  hand 
end  of  the  line  under  the  column  " Signature,"  one  of  the  reg- 
isters having  first  administered  to  him  this  form  of  oath:  "You 
do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly  answer 
all  such  questions  as  shall  be  put  to  you  touching  your  place  of 
residence,  name,  place  of  birth,  your  qualifications  as  an  elector, 
and  your  right  as  such  to  register  and  vote  under  the  laws  of  this 
state";  after  which,  the  registers,  or  either  of  them,  shall  pro- 
pound questions  to  the  applicant  for  registration  in  relation  to 
his  name;  his  then  place  of  residence,  street  and  number;  how 
long  he  has  resided  in  the  precinct  where  the  vote  is  claimed;  the 
last  place  of  his  residence  before  coming  into  that  precinct;  and 
also  as  to  his  citizenship,  whether  native  or  naturalized;  if  the 
latter,  when,  where,  and  in  what  court,  or  before  what  officer,  or 
whether  by  act  of  congress;  whether  he  came  into  the  precinct 
for  the  purpose  of  voting  at  that  election;  how  long  he  contem- 
plates residing  in  the  precinct;  and  such  other  questions  as  may 
tend  to  test  his  qualifications  as  a  resident  of  the  precinct,  citizen- 
ship and  right  to  vote  at  the  poll;  then,  if  the  applicant  appears 
to  have  the  right  to  be  registered,  the  registers  shall  fill  out  the 
above  prescribed  form  of  statement,  which  the  applicant  shall 
sign  and  swear  to,  as  above  provided.  [22  G.  A.,  ch.  48 ;  §  1 ;  21 
G-.  A.,  ch.  161,  §  5.]  [28  G.  A.,  ch.  33,  §  1.] 

Former  provisions  for  registry  were  held  not  in  conflict  with  constitu- 
tion, art.  II,  §  1,  prescribing  the  qualifications  of  electors:  Edmunds  v. 
Banbury,  28-267.  And  an  election  without  registry,  where  such  was  re- 


REGISTRATION  OF  VOTERS  51 

quired  by  law,  was  held  void,  the  provisions  of  the  law  being  mandatory 
and  imperative.  Nefzger  v.  Davenport  cG  St.  P.  R.  R.  Co.,  46-642. 

Sec.  1078.    Statements— registry  books— school  elections.    The 

statements  thus  made  shall  be  dated  and  consecutively  numbered, 
commencing  with  number  one  at  each  registration.  At  the  close 
of  each  day's  registration,  the  registry  book  shall  be  ruled  off  so 
as  to  prevent  further  entries,  and,  when  not  in  use  by  the  registers, 
shall  be  kept  in  the  custody  of  the  clerk  until  disposed  of  as  pro- 
vided by  law.  No  person  shall  register  at  any  other  place  or  time 
than  is  designated  in  this  chapter,  and  no  registration  of  voters 
for  school  elections  shall  be  required.  [22  G.  A.,  ch.  48,  §  10;  21 
G.  A55  ch,  161,  §§  6,  8.] 

Sec.  1079.  List  of  voters.  The  registers  shall,  within  three 
days  after  the  registration  made  in  the  second  week  preceding  the 
election,  prepare  two  alphabetical  lists,  for  their  respective  voting 
precincts,  of  the  names  of  all  persons  registered,  their  residences, 
their  last  preceding  places  of  residence,  the  dates  of  removal  when 
removals  occur  within  one  year,  nativity,  color,  term  of  residence 
in  precinct,  county  and  state,  whether  naturalized,  date  of  papers, 
the  naturalizing  court,  or  place  of  naturalization  if  court  is  not 
known,  whether  naturalized  by  act  of  congress,  date  of  applica 
tion  for  registration;  one  of  which  lists  they  shall  forthwith  con- 
spicuously post  or  cause  to  be  posted  at  the  usual  place  of  holding 
elections  in  such  precinct,  for  inspection  of  the  public,  and  retain 
the  other  one  in  their  possession.  [22  G.  A.,  ch.  48,  §  12 ;  21  G.  A., 
ch.  161,  §  7.] 

Sec.  1080.  Correction  of  registry — lists  delivered  to  judges. 
On  the  Saturday  before  any  election  at  which  registration  is  re- 
quired, the  registers  shall  meet  at  the  place  where  registration 
was  last  made,  and  hold  a  continuous  session,  from  eight  o'clock 
in  the  forenoon  until  nine  o'clock  in  the  afternoon,  at  which  they 
shall  revise  and  correct  the  registry  book  of  voters,  adding  there- 
to, consecutively  numbering  them,  the  names  of  all  applying  for 
registration  who^on  election  day  will  be  entitled  to  vote  in  that 
precinct,  and  by  striking  therefrom  the  name  of  any  one  not  en- 
titled to  vote  thereat.  The  registers  shall  revise  and  correct  the 
alphabetical  list  in  their  possession  to  correspond  therewith.  When 
thus  revised  and  corrected,  it  shall  be  certified  and  copied  by  the 
registers,  who  shall  deliver,  or  cause  to  be  delivered,  such  list 
and  copy  to  the  judges  of  the  election  of  the  proper  precinct,  and 
which  delivery  shall  be  made  on  election  day,  and  before  the 
opening  of  the  polls.  The  copy  thus  delivered  shall  be  preserved 


52  REGISTRATION  OP  VOTERS 

by  the  judges,  and  returned  with  the  vote  from  that  precinct,  and 
the  original  to  the  clerk.  At  the  opening  of  the  polls  and  before 
any  ballot  shall  be  received,  the  judges  of  the  election  shall  ap- 
point one  of  their  number,  or  one  of  the  clerks,  to  check  the  name 
of  each  voter  whose  name  is  on  the  alphabetical  lists,  to  whom  a 
ballot  is  delivered.  [22  G.  A.,  ch.  48,  §§  1,  3,  4;  21  G.  A.,  ch.  161, 
§8.] 

Sec.  1081.  Appearance  and  hearing1.  All  proceedings  of  reg- 
isters shall  be  public,  and  any  person  entitled  to  vote  in  a  precinct 
shall  have  the  right  to  be  heard  before  them  in  reference  to  cor- 
rections of  or  additions  to  the  lists  of  such  precinct.  No  person 
shall  be  admitted  to  registry  unless  he  appears  in  person,  except 
as  in  this  chapter  provided,  and,  if  demanded,  he  shall  furnish 
to  the  registers  such  proofs  of  his  right  thereto  as  may  by  law  be 
required  by  judges  of  election  of  any  person  offering  to  vote.  If 
an  elector  is,  by  reason  of  sickness,  unable  to  go  to  the  place  of 
registry  on  any  day  the  registers  may  be  in  session,  the  registers 
shall,  upon  the  filing  before  them,  by  a  registered  elector,  of  an 
affidavit  to  that  effect,  visit  such  sick  elector  at  his  place  of  resi- 
dence on  any  day  when  not  in  session,  and  place  his  name  on  the 
registry  book  and  alphabetical  list,  if  found  entitled  thereto;  at 
which  time  and  place  the  registers  may  administer  the  oath  here- 
inbefore provided  to  be  taken  by  applicants  for  registry.  [21 
G.  A.,  ch.  161,  §  9.] 

Sec.  1082.  Registration  on  election  day.  The  registers  shall 
also  be  in  session  on  the  day  for  the  holding  of  each  election,  at 
some  place  convenient  to,  but  not  within  one  hundred  feet  of. 
the  voting  place,  and  during  all  the  hours  in  which  by  law  the 
polls  are  required  to  be  kept  open,  for  the  purpose  only  of  grant- 
ing certificates  of  registration  to  persons  who,  being  electors,  are 
not  registered.  Such  registration  shall  be  allowed  and  certifi- 
cate thereof  granted  only  to  a  person  who  was  absent  from  the 
city  during  all  the  days  fixed  for  registration  of  voters  for  that 
election,  or  to  a  person  who,  being  a  foreigner,,  has  received  his 
final  papers  since  the  last  preceding  day  for  the  registration  of 
voters  for  that  election,  or  to  a  person  whose  name  was,  on  the 
preceding  Saturday,  and  in  the  absence  of  such  person,  stricken 
from  registration,  and  who,  on  said  day  of  election,  shall  prove 
to  the  satisfaction  of  said  registers  that  he  is  a  lawfully  qualified 
elector  of  said  voting  precinct.  These  certificates  of  registration 
shall  contain  all  the  data  showing  the  qualification  of  the  voter 
as  shown  by  the  registration,  and  in  addition,  the  special  matter 


REGISTRATION  OP  VOTERS  53 

showing  the  voter's  right  to  such  certificate  under  this  section, 
and,  before  delivery  to  the  applicant,  shall  be  endorsed  by  the 
registers,  to  the  effect  that  the  person  therein  named  is  a  qualified 
voter  in  that  precinct,  and  that  he  is  entitled  to  be  registered 
as  such.  The  proper  statement  shall  be  signed  and  sworn  to  by 
the  voter  before  one  of  the  registers,  supported  by  the  affidavit 
of  a  freeholder  who  is  a  registered  voter  in  that  precinct,  who 
shall  make  oath  to  the  qualification  of  the  applicant  as  a  voter  in 
that  precinct ;  and  if  the  applicant  be  one  whose  name  was  stricken 
from  registration,  such  affidavit  of  said  freeholder  shall  contain 
the  facts  showing  the  right  of  said  applicant  to  vote  in  that  pre- 
cinct. Registration  in  such  cases  shall  be  made  in  the  manner 
required  for  regular  registration.  The  certificate  of  registration 
shall  be  handed  in  to  the  judges  of  election  when  a  ballot  is  de- 
livered to  him.  The  data  therefrom,  showing  the  voter's  name  and 
his  qualification  as  a  voter,  shall  be  entered  on  the  alphabetical 
lists  by  the  judges  and  clerks  of  the  election,  under  the  appro- 
priate headings,  and  the  original  certificate  shall  be  returned  to 
the  city  clerk,  who  shall  carefully  preserve  it  in  the  same  manner 
and  for  the  same  time  as  the  alphabetical  list  and  poll  book.  [22 
G.  A.,  ch.  48,  §  7.] 

Sec.  1083.  Striking  off  names.  The  registers,  prior  to  each 
election  except  presidential  elections,  and  after  completing  their 
registration,  shall  certify  the  names  of  all  persons  by  them  reg- 
istered to  the  registers  of  the  ward  or  precinct  of  the  same  city, 
which  the  registration  shows  such  persons  gave  as  their  last 
place  of  residence,  and  the  names  of  such  persons  so  certified 
shall  be  stricken  from  the  registry  lists  of  the  ward  or  precinct 
in  which  they  last  resided,  if  found  thereon.  [25  G.  A.,  ch.  58,  §  1.] 

Sec.  1084.  New  registry — how  often.  A  new  registry  of  voters 
shall  be  taken  in  each  year  of  a  presidential  election.  For  all 
other  state  or  municipal  elections,  general  or  special,  the  registers 
shall  prepare  a  new  registry  book  in  each  year,  by  copying  from 
the  poll  book  of  the  preceding  general  election  all  the  names 
found  therein,  adding  thereto  those  of  all  persons  registered  and 
voting  at  any  subsequent  election,  which  new  registry  book  shall 
show  all  the  facts  of  qualification  of  each  voter  as  they  appear 
on  the  last  preceding  registry  book,  which,  when  thus  made  up, 
shall  be  used  at  each  election  until  a  new  registry  book  is  pre- 
pared as  required  by  law.  Every  person  thus  registered  shall 
be  considered  as  entitled  to  vote  at  any  election  at  which  said 


54  REGISTRATION  OF  VOTERS 

registry  book  may  be  used,  unless  his  name  shall  be  dropped  by 
the  correction  of  registration,  as  authorized  by  law.  (25  G.  A,, 
eh.  58,  §  1;  22  G.  A.,  ch.  48,  §§  2,  3.] 

Sec.  1085.  Notice.  The  times  and  places  of  making  registra- 
tion of  voters  shall  be  published  by  the  mayor  in  the  two  leading 
political  party  papers  published  in  such  city,  except  no  publication 
shall  be  required  for  a  special  election.  If  there  be  but  one  such 
paper  published  in  the  city,  publication  of  notice  therein  shall 
be  sufficient.  The  publication  shall  be  made  for  a  period  of  three 
days  prior  to  the  opening  of  the  registry  book,  if  the  paper  is  a 
daily  paper,  and  for  one  week,  if  a  weekly  paper,  and  shall  call 
the  attention  of  the  voters  to  the  necessity  of  complying  with  the 
laws  with  reference  to  registration,  in  order  to  be  entitled  to  vote 
at  the  ensuing  election.  [21  G.  A.,  ch.  161,  §  12.] 

Sec.  1086.  City  clerk.  The  city  clerk  shall  carefully  preserve 
all  registry  books  and  alphabetical  lists  and  other  papers  pertain- 
ing to  the  registration,  until  destroyed  as  provided  in  the  chapter 
on  the  canvass  of  votes.  He  shall,  on  the  application  of  the  regis- 
ters, deliver  to  them,  prior  to  their  first  meeting  for  each  election, 
the  registry  book,  alphabetical  list  and  poll  book,  which  they 
require  in  order  to  properly  prepare  the  necessary  registry  book 
for  the  next  ensuing  election;  all  of  which  shall  be  returned  to 
him  when  they  have  completed  their  work  for  such  election.  [22 
G.  A.,  ch.  48,  §  6.] 

Sec.  1087.  Penalty.  If  any  register  shall  fail  to  perform  any 
duty  required  of  him  in  this  chapter,  he  shall  forfeit  the  sum  of 
one  hundred  dollars,  to  be  recovered  by  any  person  in  any  court 
having  jurisdiction;  and  if  any  register  or  judge  of  election  shall 
wilfully  neglect  or  disregard  any  duty  imposed,  or  shall  make,  or 
permit  to  be  made,  any  registration,  statement  or  list,  except  at 
the  time  and  place  and  in  the  manner  herein  authorized  and  pre- 
scribed, or  shall  knowingly  make,  or  permit  to  be  made,  any  false 
statement  as  aforesaid,  or  if  any  person  shall  wilfully  make,  or 
authorize  to  be  made,  any  statement  required  to  be  made,  false 
in  any  particular,  or  shall  violate  any  of  the  provisions  of  this 
chapter,  every  such  register  or  judge  of  election,  person  or  per- 
sons, shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  fined 
in  a  sum  not  less  than  fifty  nor  more  than  two  hundred  dollars, 
or  be  imprisoned  in  the  county  jail  not  less  than  twenty  days,  nor 
more  than  six  months,  or  both,  at  the  discretion  of  the  court.  [21 
G.  A.,  ch.  161,  §  10.] 


PART  HI 

CALLING  THE  ELECTION;   OFFICERS  AND  THEIR  TERMS;   ELEC- 
TION PRECINCTS. 

Sec.  1057-a.  General  election.  The  general  election  for  state, 
district,  county  and  township  officers  shall  be  held  throughout  the 
state  on  Tuesday,  next  after  the  first  Monday  in  November  in  the 
year  1906  and  each  two  years  thereafter.  [31  G.  A.,  ch.  36,  §  2.] 

The  statutory  prohibition  of  sales  of  liquor  under  the  mulct  law  on 
"any  election  day"  relates  not  only  to  the  day  of  a  general  election  but 
also  to  any  day  on  which  a  school  election  is  provided  to  be  held.  Ham- 
mond v.  King,  137-548. 

Sec.  1058.  Special  election.  Special  elections  authorized  by 
any  law,  or  held  to  supply  vacancies  in  any  office  to  be  filled  by 
the  vote  of  the  qualified  voters  of  the  entire  state,  or  of  any  dis- 
trict, county  or  township,  may  be  held  at  the  time  designated  by 
such  law,  or  by  the  officer  authorized  to  order  such  election.  [C. 
73,  §  574;  R.3  §  460.] 

Sec.  1059.  When  officer  to  be  chosen.  At  the  general  election 
next  preceding  the  expiration  of  the  term  of  any  officer  his  suc- 
cessor shall  be  elected.  [C.  '73,  §  575;  R.,  §  461.] 

Sec.  1060.  Term  of  office.  The  term  of  office  of  all  officers 
chosen  at  a  general  election  for  a  full  term  shall  commence  on  the 
second  secular  day  of  January  next  thereafter,  except  when  other- 
wise provided  by  the  constitution  or  by  statute;  that  of  an  officer 
chosen  to  fill  a  vacancy  shall  commence  as  soon  as  he  has  qualified 
therefor.  [16  G.  A.,  ch.  72;  C.  '73,  §  576;  R,  §  462.]  [31  G.  A., 
ch.  37,  §  1.]  [33  G.  A.,  ch.  68.] 

See  Const.,  Art.  IV,  §  15. 

Sec.  1061.  Proclamation.  At  least  thirty  days  before  any  gen- 
eral election,  the  governor  shall  issue  his  proclamation,  designat- 
ing all  the  offices  to  be  filled  by  the  vote  of  all  the  electors  of  the 
state,  or  by  those  of  any  congressional,  legislative  or  judicial  dis- 
trict, and,  in  the  years  required  by  article  ten,  section  three,  of 
the  constitution,  submitting  the  question:  k{  Shall  there  be  a  con- 
vention to  revise  the  constitution  and  amend  the  same?"  and 
transmit  a  copy  thereof  to  the  sheriff  of  each  county.  [C.  '73,  § 
577;  R.,  §  462.] 


56  PROCLAMATION— OFFICERS— TERMS— PRECINCTS 

Sec.  1062.  Notice.  The  sheriff  shall  give  at  least  ten  days' 
notice  thereof,  by  causing  a  copy  of  such  proclamation  to  be  pub- 
lished in  some  newspaper  printed  in  the  county;  or,  if  there  be  no 
such  paper,  by  posting  such  a  copy  in  at  least  five  of  the  most 
public -places  in  the  county.  [C.  '73,  §  578;  R.,  §  463.] 

Where  the  time  of  the  regular  election  is  fixed  by  law  such  time  is  to 
be  taken  notice  of  judicially.  Davis  v.  Best,  2-96. 

Failure  to  give  proper  notice  of  an  election  will  not  invalidate  it.  In 
matters  of  such  public  nature  the  observance  of  the  particular  require- 
ment is  not  a  prerequisite  to  validity,  and  the  statutes  as  to  notice  are  to 
be  deemed  directory.  The  people  are  not  to  be  disfranchised  or  deprived 
of  their  voice  by  the  omisson  of  some  duty  by  an  officer.  Dishon  v.  Smith, 
10-212. 

If  an  election  has  in  fact  been  held  at  the  proper  time,  and  it  is  not 
alleged  or  shown  that  any  portion  of  the  electors  failed  in  knowledge  of 
the  pendency  of  the  question  submitted  at  such  election,  or  to  exercise 
their  franchise,  it  will  not  be  held  void  on  account  of  want  of  notice. 
IMd. 

Sec.  1063.  Of  special  election.  A  similar  proclamation  shall 
be  issued  before  any  special  election  ordered  by  the  governor, 
designating  the  time  at  which  such  special  election  shall  be  held ; 
arid  the  sheriff  of  each  county  in  which  such  election  is  to  be  held 
shall  give  notice  thereof,  as  provided  in  the  last  section.  [C.  '73, 
§  579;  R.,  §  464.] 

Sec.  1064.  This  section,  relating  to  elections  in  odd-numbered 
years,  was  repealed  by  §  1,  ch.  36,  31  G.  A. 

Sec.  1065.  State  officers.  The  governor,  lieutenant-governor, 
secretary  of  state,  auditor  of  state,  treasurer  of  state,  attorney- 
general,  shall  be  chosen  at  the  general  election  in  each  even-num- 
bered year  and  their  terms  of  office  shall  be  for  two  years.  [31 
G.  A.,  ch.  36,  §  3.]  [35  G.  A.,  ch.  103,  §  9.] 

As  to  governor  and  lieutenant-governor,  see  Const.,  art  IV,  §  15. 

As  to  secretary,  auditor  and  treasurer,  see  Const.,  art.  IV,  §  22.  As  to 
attorney-general,  see  Const.,  art.  V,  §  12. 

Sec.  1066.  Judges  of  the  supreme  court.*  Two  judges  of  the 
supreme  court  shall  be  chosen  at  the  general  election  in  the  year 
1906  and  two  shall  be  chosen  at  each  general  election  thereafter, 
whose  terms  of  office  shall  continue  for  six  years. 

Of  the  judges  whose  terms  of  office  first  expire,  the  senior  in 
time  of  service  shall  be  chief  justice  for  one  year,  and,  if  there  be 
but  two  of  them,  the  junior  for  one  year,  and  so  on  in  rotation. 

*Chapter  22,  Acts  of  Thirty-fifth  General  Assembly  increases  the  number 
of  judges  from  six  to  seven. 


PROCLAMATION— OFFICERS— TERMS— PRECINCTS  57 

if  two  or  more  are  equal  in  time  of  service,,  then  the  right  to  the 
position  and  the  order  in  which  they  serve  shall  be  determined  by 
seniority  in  age.  And  at  the  last  term  in  each  year,  the  supreme 
court  shall  determine  and  enter  of  record,  who,  under  these  rules, 
shall  be  chief  justice  for  the  year  next  ensuing,  and  at  the  ses- 
sion of  the  supreme  court  next  preceding  the  commencement  of 
the  first  of  the  said  two  years,  the  supreme  court  shall  cause  a  rec- 
ord to  be  made  as  to  who  shall  be  the  chief  justice  for  the  year  next 
ensuing.  [31  G.  A.,  ch.  36,  §  4.]  [35  G.  A.,  ch.  22,  §  4.] 
See  Const.,  Art.  V,  §§  3,  11. 

Sec.  1067.  That  section  one  thousand  sixty-seven  (1067)  of  the 
code  be  and  the  same  is  hereby  repealed.  [35  G.  A.,  ch.  106,  §  1.] 

Sec.  1068.    Railroad  commissioners— election  and  term.    At  the 

general  election  in  the  year  1906,  and  every  four  years  there- 
after, there  shall  be  elected  two  railroad  commissioners,  whose 
term  of  office  shall  be  for  a  period  of  four  years;  and  at  the 
general  election  in  the  year  1908,  and  every  four  years  thereafter, 
there  shall  be  elected  one  railroad  commissioner,  whose  term  of 
office  shall  be  for  a  period  of  four  years;  and  the  present  incum- 
bents of  the  office  of  railroad  commissioner  shall  continue  in  office 
until  their  successors  are  elected  and  qualified,  as  in  this  act  pro- 
vided. [31  G.  A.,  ch.  38.] 

Sec.  1069.  Judges  of  district  court.  The  judges  of  the  district 
court  shall  be  elected  in  each  judicial  district  at  a  general  elec- 
tion, and  shall  hold  office  for  four  years,  except  when  elected  to 
fill  a  vacancy,  in  which  case  it  shall  be  only  for  the  unexpired 
term.  [21  G.  A.,  ch.  134,  §  4.] 

Sec.  1070.  Representatives.  Members  of  the  house  of  repre- 
sentatives shall  be  elected  in  the  respective  representative  districts 
in  each  even-numbered  year,  and  hold  office  for  the  term  of  two 
years.  [31  G.  A.,  ch.  36,  §  5.] 

See  Const,  Art  III,  §  3. 

Sec.  1071.  Senators.  Senators  in  the  general  assembly,  to  suc- 
ceed those  whose  terms  are  about  to  expire  shall  be  elected  in  the 
respective  senatorial  districts  in  each  even-numbered  year,  and 
shall  hold  office  for  the  term  of  four  years.  [31  G.  A.,  ch.  36,  §  6.] 

See  Const.,  ^rt  III,   §  5. 

Sec.  411.  Members  board  of  supervisors — term — only  one  from 
one  township.  At  the  general  election  in  the  year  1906  there  shall 


58  PROCLAMATION— OFFICERS— TERMS— PRECINCTS 

be  elected  for  a  term  of  two  years,  members  of  the  county  board 
of  supervisors  to  succeed  those  whose  terms  were  extended  one 
year  by  the  biennial  election  amendment.  At  the  general  election 
in  the  year  1906,  and  biennially  thereafter,  there  shall  be  elected 
members  of  the  board  of  supervisors  for  a  term  of  three  years  to 
succeed  those  whose  terms  of  office  will  expire  on  the  first  Monday 
in  January  following  said  election;  there  shall  also  be  elected 
members  for  a  term  of  three  years  to  succeed  those  whose  terms 
will  expire  on  the  first  Monday  in  January  one  year  later  than 
the  aforesaid  date.  It  shall  be  specified  on  the  ballot  when  each 
shall  begin  his  term  of  office.  No  member  shall  be  elected  who  is 
a  resident  of  the  same  township  with  either  of  the  members  hold 
ing  over  (but  a  member-elect  may  be  a  resident  of  the  same  town- 
ship as  the  member  he  is  elected  to  succeed),  except  that,  in 
counties  having  five  or  seven  supervisors,  and  having  therein  a 
township  embracing  an  entire  city  of  thirty-five  thousand  inhabi- 
tants or  over,  he  may  be  a  resident  of  the  same  township;  and  in 
no  case  shall  there  be  more  than  two  supervisors  from  such  town- 
ship. [31  G.  A.,  ch.  12,  §  2.] 

Whether  elected  by  a  district  or  the  entire  county,  a  member  of  the 
board  acts  for  the  county  and  only  as  a  district  is  a  part  of  the  county  can 
the  member  elected  from  such  district  be  said  to  be  a  representative  of 
such  district.  In  re  Assessment  Farmers  Loan  &  Trust  Co.,  155-536. 

Sec.  1072.  County  officers— terms.  There  shall  be  elected  in 
each  county,  at  the  general  election  in  1906,  and  in  each  even- 
numbered  year  thereafter  an  auditor,  a  treasurer,  a  clerk  of  the 
district  court,  a  sheriff,  a  recorder  of  deeds,  a  county  attorney,  a 
county  superintendent  of  schools,*  and  a  coroner,  who  shall  hold 
office  for  the  term  of  two  years  or  until  their  successors  are  elected 
and  qualified.  [31  G.  A.,  ch.  39.]  [34  G.  A.,  ch.  24,  §  1.] 

[Women  are  by  §  2748  made  eligible  to  school  offices,  and  by  §  493  to 
the  office  of  county  recorder.] 

Sec.  1073.  Justices  and  constables.  Two  justices  of  the  peace 
and  two  constables  shall  be  elected  by  the  voters  of  each  township 
at  the  general  election  in  each  even-numbered  year,  and  shall  hold 
office  for  two  years,  and  be  county  officers.  [25  G.  A.,  ch.  74,  §  4 : 
C.  '73,  §§  389,  590,  592-3:  K,  §§  443,  726,  474,  477-8;  C.  '51,  §§  221, 
243.] 

The  ballots  for  justice  of  the  peace  should  be  canvassed  by  the  board 
of  supervisors  under  the  provisions  of  §  1150.  Lynch  v.  Vermazen,  61-76. 

*Chapter  107,  Acts  of  the  Thirty-fifth  General  Assembly,  provides  for 
the  election  of  County  Superintendent  by  county  school  corporations. 
[Supp.  to  C.  1913,  §  1072.] 


PROCLAMATION— OFFICERS— TERMS— PRECINCTS  69 

TUe  constable  is  properly  a  township  officer  although  he  is  to  be  voted 
for  under  this  section  like  a  justice  of  the  peace  as  a  county  officer  by 
the  voters  of  his  township.  State  v.  Bevans,  37-178. 

As  two  justices  of  the  peace  are  to  be  elected  for  each  township  and 
the  mayor  of  a  city  situated  within  the  township  has  to  some  extent  a 
jurisdiction  co-ordinate  with  that  of  the  justices  of  the  peace,  held  that 
the  acceptance  by  the  mayor  of  a  city  of  the  office  of  justice  of  the  peace 
in  the  township  created  a  vacancy  in  the  office  of  mayor.  State  v.  Ander- 
son, 155-271. 

Sec.  1074.  Township  trustees — election — term.  At  the  general 
election  in  the  year  1906  there  shall  be  elected  in  each  township 
a  successor  to  those  trustees  whose  term  of  office  will  expire  Jan- 
uary 1st,  1907;  and  at  the  general  election  in  the  year  1908,  and 
biennially  thereafter,  there  shall  be  elected  in  each  township 
three  trustees,  whose  term  of  office  shall  be  for  a  period  of  two 
years,  and  until  their  successors  are  elected  and  qualified,  and 
those  trustees  whose  term  of  office  does  not  expire  until  the  first 
day  of  January,  1908,  shall  continue  in  office  until  their  successors 
are  elected  and  qualified.  [31  G.  A.,  ch.  37,  §  2.] 

Sec.  1074-a.  At  any  time  when  a  new  township  has  been  cre- 
ated in  a  year  in  which  no  general  election  is  held  by  law,  the 
county  board  of  supervisors  of  the  county  affected,  shall  call  a 
special  election  for  the  election  of  three  trustees  and  other  town- 
ship officers  of  the  new  township,  which  officers  shall  continue  in 
office  until  their  successors  are  elected  and  qualified.  [32  G.  A., 
ch.  49.] 

Sec.  1075.  Township  clerk — assessor.  At  the  general  election 
in  each  even-numbered  year,  there  shall  be  elected  in  each  civil 
township  one  township  clerk,  and,  where  not  otherwise  provided, 
one  assessor,  to  be  elected  by  the  voters  of  such  district,  who 
shall  hold  their  offices  for  the  term  of  two  years.  [18  G.  A.,  ch. 
161,  §  1;  C.  '73,  §  591.]  [29  G.  A,  ch.  53,  §  1,] 

The  offices  of  township  trustee  and  clerk  are  abolished  in  some  cases 
where  the  township  constitutes  a  city  or  town.  See  §§  560,  562. 

As  to  method  of  voting  for  assessor,  see  §  1130. 

Sec.  565.  Election  of  assessor  where  city  included.  In  each 
even-numbered  year  there  shall  be  elected  in  each  township,  a  part 
of  which  is  included  within  the  corporate  limits  of  any  city  or 
town,  by  the  voters  of  such  township  residing  without  the  cor- 
porate limits  of  such  city  or  town,  one  assessor  who  shall  be  a 
resident  of  said  territory  outside  of  said  city  or  town.  [19  G. 
A,  ch.  110;  18  G.  A,  ch.  201,  §  1;  16  G.  A.,  ch.  6;  C.  '73,  §  390.] 
[33  G.  A,  ch.  37.] 


60  PROCLAMATION— OFFICERS— TERMS— PRECINCTS 

Under  the  original  section,  faeld,  that  an  assessor  elected  by  the  city 
as  therein  prescribed  was  not  a  city  but  a  township  officer.  Kinne  v 
Waverly,  42-486. 

This  section,  both  as  it  originally  stood  and  as  re-enacted  by  the  Six- 
teenth General  Assembly,  applied  only  to  townships  containing  cities  incor- 
porated under  the  general  incorporation  law  and  not  those  existing  under 
special  charter.  State  v.  Finger,  46-25. 

Where  two  townships  being  included  within  the  corporate  limits  of  a 
city  comprise  but  one  assessorial  district,  the  county  board  of  equaliza- 
tion cannot  equalize  taxation  as  between  such  townslhips,  but  can  only  act 
upon  the  whole  district.  Getchell  v.  Board  of  Supervisors,  51-107. 

As  to  the  election  of  assessors  in  other  townships,  see  section  1075,  and 
in  cities  and  towns,  see  chapter  2,  of  title  five. 

Sec.  1088.  All  elections  except  school.  The  provisions  of  this 
chapter  shall  apply  to  all  elections  known  to  the  laws  of  the  state, 
except  school  elections.  [21  G.  A.,  ch.  141,  §  2.] 

Notwithstanding  the  provision  of  this  chapter  making  a  distinction  be- 
tween general  elections  and  school  elections,  the  statutory  prohibition  of 
the  sale  of  liquors  under  the  mulct  law  "on  any  election  day"  included 
days  on  wlhich  school  elections  are  held.  Hammond  v.  King,  137-548. 

Sec.  1089.  General  and  special.  The  term  "general  election," 
as  used  in  this  chapter,  shall  apply  to  any  election  held  for  the 
choice  of  national,  state,  judicial,  district,  county  or  township 
officers;  that  of  "city  election"  shall  apply  to  any  municipal  elec- 
tion held  in  a  city  or  town;  and  that  of  "special  election"  shall 
apply  to  any  other  election  held  for  any  purpose  authorized  or 
required  by  law.  [24  G.  A.,  ch.  33,  §  2.] 

The  Australian  ballot  law  as  originally  adopted  (24  G.  A.,  ch.  33)  did 
not  apply  to  special  elections  'held  for  the  purpose  of  voting  taxes  in  aid 
of  railroads  or  bridges.  Pritchard  v.  Magoun,  109-364;  Bras  v.  McConnell, 
114-401. 

Sec.  1090.  Election  precincts.  Each  township,  or,  in  case  a 
township  contains  a  city  or  a  portion  thereof,  such  portion  of  the 
township  as  is  outside  the  limits  of  the  city,  and  each  ward  of  a 
city,  shall,  respectively,  constitute  an  election  precinct.  But  the 
board  of  supervisors  or  the  council,  as  the  case  may  be,  shall 
have  power  to  divide  a  township  or  part  thereof,  or  a  ward,  into 
two  or  more  precincts,  or  to  change  or  abolish  the  same;  or  the 
board  of  supervisors  and  the  council  of  any  city  of  less  than  thirty- 
five  hundred  inhabitants,  not  including  the  inmates  of  any  state 
institution,  may  combine  any  part  of  the  township  outside  of  such 
city  with  any  or  all  the  wards  thereof  as  one  election  precinct,  or 
change  or  abolish  such  precinct;  or  the  council  of  such  city  may 
combine  the  several  wards  into  one  or  more  precincts.  No  pre- 
cinct shall  contain  different  townships  or  parts  thereof,  except 
that  where  an  incorporated  town  embraces  within  its  limits  terri- 


PROCLAMATION— OFFICERS— TERMS— PRECINCTS  61 

tory  situated  in  different  townships  of  any  county,  the  board  of 
supervisors  may,  for  the  convenience  of  the  electors,  constitute 
such  town  and,  if  desired,  additional  territory  thereto  abutting, 
into  an  election  precinct.  The  board  of  supervisors  in  the  order 
establishing  such  precinct  shall  define  its  boundaries  and  may 
change  same  if  in  their  judgment  occasion  arises.  In  such  cases, 
separate  ballots  and  ballot  boxes  shall  be  provided  for  voting  for 
township  officers,  only.  Each  incorporated  town  shall  constitute 
a  precinct  for  town  elections.  No  person  shall  vote  in  any  pre- 
cinct but  that  of  his  residence.  [25  G.  A.,  ch.  60;  21  G.  A.,  ch. 
141,  §  2;  C.  73,  §§  501,  603,  605;  R.,  §  480;  C.  '51,  §  245.]  [33  G. 
A,,  ch.  70.] 

Residence:  By  going  into  a  township  and  remaining  there  for  the 
sole  purpose  of  voting,  with  no  intention  of  remaining  longer,  one  will 
not  acquire  sufficient  residence  to  entitle  him  to  vote;  but  if  the  removal 
is  in  good  faith,  no  length  of  residence  is  necessary.  State  v.  Minnick, 
15-123. 

Where  the  time,  place  and  manner  of  holding  elections  are  not  pre- 
scribed by  the  constitution,  but  committed  to  the  legislature,  the  reception 
of  votes  out  of  the  precinct  or  the  county  of  elector's  residence  may  be 
constitutionally  authorized.  Morrison  v.  Springer,  15-304. 

•If  no  requirements  as  to  length  of  residence  were  contained  in  the 
constitution,  the  legislature  might  fix  such  length  of  residence  as  it  should 
see  fit.  Hid. 

The  residence  of  a  voter  is  the  place  of  his  domicile  or  place  of  abode, 
as  distinguished  from  the  residence  acquired  as  a  sojourner  for  business, 
education,  or  other  temporary  purpose.  Therefore,  held,  that  a  student  in 
the  university  at  Iowa  City,  sent  there  and  supported  by  his  father,  and 
making  his  father's  home  his  "headquarters"  during  vacation,  was  not 
entitled  to  vote  in  Iowa  City,  though  he  had  been  there  the  requisite 
length  of  time  and  had  no  present  intention  of  leaving  there  when  he 
ceased  to  attend  the  university.  Vanderpool  v.  O'Hanlon,  53-246. 

If  the  ballot  of  a  voter  is  received  it  is  no  ground  of  complaint  that  an 
improper  oath  has  been  administered  to  him  touching  his  qualifications. 
State  ex  rel  v.  O'Day  69-368. 

The  vital  inquiry  in  determining  the  residence  of  a  person  is  as  to 
where  is  his  home.  This  is  not  purely  a  matter  of  intention.  A  person 
cannot  live  in  one  place  and  by  force  of  imagination  constitute  some 
other  his  place  of  abode.  The  intent  and  the  fact  must  concur.  State  v. 
Savre,  129-122. 

The  home  of  an  unmarried  man  is  where  he  has  his  rooms,  in  which 
he  keeps  such  personal  effects  as  he  has,  where  he  rests  when  not  at  work, 
and  spends  his  evenings  and  Sundays,  and  not  the  boarding  house  at 
which  he  takes  his  meals.  Ibid. 

Evidence  in  a  particular  case  as  to  the  actual  residence  of  a  voter  con- 
sidered. Kelso  v.  Wright,  110-560. 

Persons  in  military  service:  A  soldier  serving  in  the  volunteer 
forces  of  the  federal  government  does  not  thereby  lose  nor  change  his 
place  of  residence,  Which  remains  that  of  the  county  of  his  residence  at 
the  time  of  entering  the  service;  and  if  he  should  be  in  such  county  on 
the  day  of  election  he  would  unquestionably  have  the  right  to  vote,  if 
otherwise  qualified.  Morrison  v.  Springer,  15-304. 


62  PROCLAMATION— OFFICERS— TERMS— PRECINCTS 

And  held,  that  the  legislature  may  authorize  the  casting  of  ballots  by 
soldiers  at  points  where  they  are  stationed  outside  the  state.  Ibid. 

Under  the  statute  authorizing  persons  absent  from  the  state  in  military 
service  to  vote  at  general  elections,  held,  that  the  submission  of  a  proposi- 
tion for  the  disposition  of  swamp  lands  at  a  special  election  at  which 
persons  in  the  military  service  could  not  vote  was  not  illegal.  Cedar 
Rapids  &  M.  R.  R.  Co.  v.  Boone  County,  34-45. 

Sec.  1091.  Polling  places  for  county  precincts.  Polling  places 
for  precincts  outside  the  limits  of  a  city,  but  within  the  township, 
or  originally  within  and  set  off  as  a  separate  township  from  the 
township  in  which  the  city  is  in  whole  or  in  part  situated,  may, 
for  the  convenience  of  the  voters,  be  fixed  at  some  room  or  rooms 
in  the  courthouse  or  in  some  other  building  within  the  limits  of 
the  city  as  the  board  of  supervisors  may  provide.  [33  G.  A., 
ch.  71.] 

Sec.  1092.  Notice  of  boundaries  of  precincts.  The  board  of 
supervisors  or  council  shall  number  or  name  the  several  precincts 
established,  and  cause  the  boundaries  of  each  to  be  recorded  in 
the  records  of  said  board  of  supervisors  or  council,  as  the  case 
may  be,  and  publish  notice  thereof  in  some  newspaper  of  general 
circulation,  published  in  such  county  or  city,  once  each  week  for 
three  consecutive  weeks,  the  last  to  be  made  at  least  thirty  days 
before  the  next  general  election.  The  precincts  thus  established 
shall  continue  until  changed.  [C.  '73,  §  604.] 


PART  IV 

THE  ELECTION. 

DIVISION  I. 

THE  CONDUCT  OP  THE  ELECTION. 

See.  1093.  Election  boards.  Election  boards  shall  consist  of 
three  judges  and  two  clerks.  Not  more  than  two  judges  and  not 
more  than  one  clerk  shall  belong  to  the  same  political  party  or 
organization,  if  there  be  one  or  more  electors  qualified  and  will- 
ing to  act  as  such  judge  or  clerk,  and  a  member  or  members  of 
opposite  parties.  In  cities  and  towns,  the  councilmen  shall  be 
judges  of  election;  but  in  case  more  than  two  councilmen  be- 
longing to  the  same  political  party  or  organization  are  residents 
of  the  same  election  precinct,  the  county  board  of  supervisors 
may  designate  which  of  them  shall  serve  as  judges.  In  township 
precincts,  the  clerk  of  the  township  shall  be  a  clerk  of  election 
of  the  precinct  in  which  he  resides,  and  the  trustees  of  the  town- 
ship shall  be  judges  of  election,  except  that,  in  townships  not 
divided  into  election  precincts,  if  all  the  trustees  be  of  the  same 
political  party,  the  board  of  supervisors  shall  determine  by  lot 
which  two  of  the  three  trustees  shall  be  judges  of  such  -precinct. 
The  membership  of  such  election  board  shall  be  made  up  or  com- 
pleted by  the  board  of  supervisors  from  the  parties  which  cast 
the  largest  and  next  largest  number  of  votes  in  said  precinct  at 
the  last  general  election,  or  that  one  which  is  unrepresented ;  but, 
in  city  and  town  elections,  the  powers  given  in  this  chapter  and 
duties  herein  made  incumbent  upon  the  board  of  supervisors  shall 
be  performed  by  the  council.  If,  at  the  opening  of  the  polls  in 
any  precinct,  there  shall  be  a  vacancy  in  the  office  of  clerk  or 
judge  of  election,  the  same  shall  be  filled  by  the  members  of  the 
board  present,  and  from  the  political  party  which  is  entitled  to 
such  vacant  office  under  the  provisions  of  this  chapter.  The  elec- 
tion board  at  any  special  election  shall  be  the  same  as  at  the  last 
preceding  general  election.  In  case  of  vacancies  happening  there- 
in, the  county  auditor  may  make  the  appointments  to  fill  the  same 
when  the  board  of  supervisors  is  not  in  session.  [26  G.  A.,  eh.  68, 


64  THE  CONDUCT  OP  THE  ELECTION 

§  3;  C.  73,  §§  606-8;  R.,  §§  481-3;  C.  '51,  §§  246-8.]     [31  G.  A., 
ch.  42.]     [35  G.  A.,  ch.  112,  §  1.] 

Sec.  1094.  Oath.  Before  opening  the  polls,  each  of  the  judges 
and  clerks  shall  take  the  following  oath:  "I,  A.  B.,  do  solemnly 
swear  that  I  will  impartially,  and  to  the  best  of  my  knowledge 
and  ability,  perform  the  duties  of  judge  (or  clerk)  of  this  elec- 
tion, and  will  studiously  endeavor  to  prevent  fraud,  deceit  and 
abuse  in  conducting  the  same."  [C.  '73,  §  609;  R.,  §  484;  C.  '51, 
§  249.] 

These  provisions  are  directory.  A  failure  of  the  officers  mentioned  to 
be  sworn  will  not  vitiate  the  election,  and  in  a  case  in  court  involving  the 
validity  of  an  election,  the  fact  that  the  officers  were  sworn  may  he 
proved  aliunde.  The  return  is  not  conclusive.  Dishon  v.  Smith,  10-212. 

Sec.  1095.  How  administered.  Any  one  of  the  judges  or  clerks 
present  may  administer  the  oath  to  the  others,  and  it  shall  be 
entered  in  the  poll  books,  subscribed  by  the  person  taking  it,  and 
certified  by  the  officer  administering  it.  [C.  '73,  §  610;  R.,  §  485; 
C.  '51,  §  250.] 

Sec.  1096.  Polls  open.  At  all  elections  the  polls  shall  be  open 
at  eight  o'clock  in  the  forenoon,  except  in  cities  where  registra- 
tion is  required,  when  the  polls  shall  be  opened  at  seven  o'clock 
in  the  forenoon,  or  in  each  case  as  soon  thereafter  as  vacancies 
in  the  places  of  judges  or  clerks  of  election  have  been  filled.  In 
all  cases  the  polls  shall  be  closed  at  seven  o'clock  in  the  evening. 
[24  G.  A,  ch.  33,  §  32;  C.  '73,  §  611;  R,  §  486;  C.  '51,  §  251.] 
[28  G.  A.,  ch.  34,  §  1.] 

Sec.  1097.  Voting  by  ballot.  In  all  elections  regulated  by  this 
chapter,  the  voting  shall  be  by  ballots  printed  and  distributed  as 
hereinafter  provided,  except  as  may  be  otherwise  especially  di- 
rected by  law.  [24  G.  A.,  ch.  33,  §  1.] 

Sec.  1106.  Ballot — form — candidates  for  district  judge — sep- 
arate ballot  for  constitutional  amendments,  etc.  The  names  of  all 
candidates  to  be  voted  for  in  each  election  precinct  shall  be 
printed  on  one  ballot,  all  nominations  of  any  political  party  or 
group  of  petitioners  being  placed  under  the  party  name  or  title 
of  such  party  or  group,  as  designated  by  them  in  their  certificates 
of  nomination  or  petitions,  or,  if  none  be  designated,  then  under 
some  suitable  title,  and  the  ballot  shall  contain  no  other  names, 
except  that,  in  case  of  electors  for  president  and  vice-president  of 
the  United  States,  the  names  of  the  candidates  for  president  and 
vice-president  may  be  added  to  the  party  or  political  designation. 


THE  CONDUCT  OP  THE  ELECTION 


65 


Each  list  of  candidates  for  the  several  parties  aa$  groups  •£  peti- 
tioners shall  be  placed  in  a  separate  column  on  the  ballot,  in  such 
order  as  the  authorities  charged  with  the  printing  of  the  ballots 
shall  decide,  except  as  otherwise  provided,  and  be  called  a  ticket. 
But  the  name  of  no  candidate  shall  appear  upon  the  ballot  in 
more  than  one  place  for  the  same  office,  whether  nominated  by 
convention,  primary,  caucus  or  petition,  except  as  hereinafter 
provided.  Where  two  or  more  conventions,  primaries  or  caucuses, 
or  any  two  of  them,  may  nominate  the  same  candidate  for  any 
office,  the  name  of  such  candidate  shall  be  printed  under  the  name 
of  the  party  first  filing  nomination  papers  bearing  such  name,  un- 
less the  candidate  himself  shall,  in  writing  duly  verified,  request 
the  officer  with  whom  the  nomination  papers  are  filed  to  cause  the 
name  to  be  printed  upon  some  other  ticket,  provided,  that  in  any 
judicial  district  of  the  state  in  which  the  bar  association,  or  a 
convention  of  attorneys  of  the  district  nominates  or  recommends 
candidate  or  candidates  for  the  office  of  district  judge,*  and  such 
candidates  are  also  nominated  or  indorsed  by  any  political  party, 
in  preparing  the  ballots  for  the  general  election,  the  names  of 
such  candidate  or  candidates  shall  be  printed  as  candidate  or  can- 
didates for  each  party  by  whom  they  are  nominated,  whether  by 
primary,  convention  or  petition.  Each  of  the  columns  containing 
the  list  of  candidates,  including  the  party  name,  shall  be  sep- 
arated by  a  distinct  line.  Said  ballot  shall  be  substantially  in  the 
following  form : 


REPUBLICAN 
For  Governor, 

of            County. 

DEMOCRATIC 
For  Governor, 
QG-  H  
of   County. 

PROHIBITION 
For  Governor, 

of   County. 

UNION    LABOR 
For  Governor, 
QS  T  
of  County. 

For   Lieutenant 
Governor, 
HC  D  
of            County 

For   Lieutenant 
Governor, 

of       ...  County. 

For   Lieutenant 
Governor, 
QO  P  ;.. 
of       ...  County. 

For   Lieutenant 
Governor, 

of         .   County. 

For  Judge  of 
Supreme  Court,* 
3E  F  
of   .      .  .  Countv. 

For  Judge  of 
Supreme  Court,* 

of   .      ..County. 

For  Judge  of 
Supreme  Court,* 

DQ  R  

of   .      .  .  County. 

For  Judge  of 
Supreme  Court,* 
QW  X  
of   .      .  .  County. 

When  a  constitutional  amendment  ®r  other  public  measure  is 
t@  be  voted  upon  by  the  electors,  it  shall  be  printed  in  full  upon 

*Chapter  104,  Acts  Thirty-fiftk  Several  Amenably,  provides  for  non- 
partisan  nomination  and  eleetioa  »f  Supreme,  District  aad  Superior 
Judges.  [Supp.  to  C.  1913,  §|  l«87-b  t«  1«87-1>5.] 


66  THE  CONDUCT  OF  THE  ELECTION 

a  separate  ballot,  preceded  by  the  words,  "  Shall  the  following 
amendment  to  the  constitution  (or  public  measure)  be  adopted?" 
and  upon  the  right  hand  margin,  opposite  these  words,  two  spaces 
shall  be  left,  one  for  votes  favoring  such  amendment  or  public 
measure,  and  the  other  for  votes  opposing  the  same.  In  one  of 
these  spaces  the  word  "yes"  or  other  word  required  by  law  shall 
be  printed;  in  the  other,  the  word  "no"  or  other  word  required, 
and  to  the  right  of  each  space  a  square  shall  be  printed  to  receive 
the  voting  cross,  all  of  which  shall  be  substantially  in  the  follow- 
ing form : 

"Shall  the  following  amendment  to  the  constitution  (or  public 
measure)  be  adopted?" 


Yes 
(Here  insert  in  full  the  proposed  constitutional 

amendment  or  public  measure.) 

No 


The  elector  shall  designate  his  vote  by  a  cross  mark,  thus  X, 
placed  in  the  proper  square.  At  the  top  of  such  ballots  shall  be 
printed  the  following  words,  enclosed  in  brackets:  [Notice  to 
voters.  For  an  affirmative  vote  upon  any  question  submitted  upon 
this  ballot  make  a  cross  (x)  mark  in  the  square  after  the  word 
"Yes."  For  a  negative  vote  make  a  similar  mark  in  the  square 
following  the  word  "No."]  If  more  than  one  constitutional 
amendment  or  public  measure  is  to  be  voted  upon,  they  shall  be 
printed  upon  the  same  ballot,  one  below  the  other,  with  one  inch 
space  between  each  constitutional  amendment  or  public  measure 
that  is  to  be  submitted.  All  of  such  ballots  for  the  same  polling- 
place  shall  be  of  the  same  size,  similarly  printed,  upon  yellow  col- 
ored paper.  On  the  back  of  each  such  ballot  shall  be  printed  ap- 
propriate words,  showing  that  such  ballot  relates  to  a  constitu- 
tional or  other  question  to  be  submitted  to  the  electors,  so  as  to 
distinguish  the  said  ballots  from  the  official  ballot  for  candidates 
for  office,  and  a  facsimile  of  the  signature  of  the  auditor  or  other 
officer  who  has  caused  the  ballot  to  be  printed.  Such  ballots  shall 
be  endorsed  and  given  to  each  voter  by  the  judges  of  election,  as 
provided  in  section  eleven  hundred  and  sixteen  (1116),  and  shall 
be  subject  to  all  other  laws  governing  ballots  for  candidates, 
so  far  as  the  same  shall  be  applicable.  [26  G.  A.,  ch.  68,  §§  14, 
16;  24  G.  A,  ch.  33,  §§  1143.]  [28  G.  A,  ch.  35,  §  1.]  [31  G.  A, 
chs.  43-44.] 


*  THE  CONDUCT  OP  THE  ELECTION  67 

Sec.  1107.  Printing.  For  all  elections  held  under  this  chapter, 
except  those  of  cities  or  towns,  the  county  auditor  shall  have 
charge  of  the  printing  of  ballots  in  his  county,  and  shall  cause  to 
be  placed  thereon  the  names  of  all  candidates  which  have  been 
certified  to  him  by  the  secretary  of  state,  in  the  order  the  same 
appear  upon  the  certificate  issued  by  the  secretary  of  state,  to- 
gether with  those  of  all  other  candidates  to  be  voted  for  thereat, 
whose  nominations  have  been  made  in  conformity  with  law.  If  a 
township  election  precinct  includes  a  town  or  any  part  thereof, 
the  names  of  nominees  for  township  assessors  shall  not  be  placed 
upon  the  official  ballot  for  that  precinct.  In  city  or  town  elections, 
the  clerk  shall  have  charge  of  the  printing  of  the  ballots,  and 
shall  cause  to  be  placed  thereon  the  names  of  all  candidates  to  be 
voted  for  thereat,  whose  nominations  have  been  made  as  provided 
in  this  chapter ;  and  in  either  case  such  ballots  shall  be  furnished 
the  election  judges  at  the  polling  place  in  each  precinct  not  less 
than  twelve  hours  before  the  opening  of  the  polls  on  the  morning 
of  the  election.  [24  G.  A.,  ch.  33,  §  15.] 

Where  the  auditor  refused  to  furnisih  ballots  containing  the  names  of 
persons  who  it  was  claimed  had  been  properly  put  in  nomination  to  be 
voted  for  at  a  town  election  and  the  officers  of  the  town  thereupon  caused 
to  be  printed  ballots  containing  such  names,  which  ballots  were  distrib- 
uted by  the  officers  of  election  and  used  by  the  voters,  held,  that  these 
ballots  were  not  such  as  were  contemplated  by  law  and  that  the  election 
was  wholly  invalid,  and  that  this  must  be  the  result  whether  the  law  in 
this  respect  is  to  be  deemed  mandatory  or  only  directory.  State  ex  rel 
v.  Smith,  63  N.  W.,  453.  [Now  see  §  1122.]  94-616. 

Sec.  1108.  Vacancies  filled.  The  name  supplied  for  a  vacancy 
by  the  certificate  of  the  secretary  of  state,  or  by  nomination  cer- 
tificates or  papers  for  a  vacancy  filed  with  the  county  auditor,  or 
city  or  town  clerk,  shall,  if  the  ballots  are  not  already  printed,  be 
placed  on  the  ballots  in  place  of  the  name  of  the  original  nominee, 
or,  if  the  ballots  have  been  printed,  new  ballots,  whenever  prac- 
ticable, shall  be  furnished.  Whenever  it  may  not  be  practicable 
to  have  new  ballots  printed,  the  election  officers  having  charge  of 
them  shall  place  the  name  supplied  for  the  vacancy  upon  each 
ballot  used  before  delivering  it  to  the  judges  of  election.  If  said 
ballots  have  already  been  delivered  to  the  judges  of  election,  said 
auditor  or  clerk  shall  immediately  furnish  the  name  of  such  sub- 
stituted nominee  to  all  judges  of  election  within  the  territory  in 
which  said  nominee  may  be  a  candidate,  and  such  election  officer 
having  charge  of  the  ballots  shall  place  the  name  supplied  for  the 
vacancy  upon  each  ballot  issued  before  delivering  it  to  the  voter, 
by  affixing  a  paster,  or  by  writing  or  stamping  the  name  thereon, 
[Same,  §§  11,  12.] 


68  THE  CONDUCT  OF  THE  ELECTION 

See.  1109.  Method  of  printing.  The  ballot  shall  be  on  plain 
white  paper,  through  which  the  printing  or  writing  cannot  be 
read.  The  party  name  0r  titl«  shall  be  printed  in  capital  letters, 
not  less  than  one-fourth  of  an  inch  in  height.  The  names  of  candi- 
dates shall  be  printed  in  capital  letters  not  less  than  one-eighth 
nor  more  than  one-fourth  of  an  inch  in  height,  and,  at  the  be- 
ginning of  each  line  in  which  the  name  of  a  candidate  is  printed, 
a  square  shall  be  printed,  the  sides  of  which  shall  not  be  less  than 
one-fourth  of  an  inch  in  length.  On  the  back  or  outside  of  the 
ballot,  so  as  to  appear  when  folded,  shall  be  printed  the  words 
"official  ballot,"  followed  by  the  designation  of  the  polling  place 
for  which  the  ballot  is  prepared,  the  date  of  the  election,  and  a 
facsimile  of  the  signature  of  the  auditor  or  other  officer  who  has 
caused  the  ballot  to  be  printed.  [26  G.  A.,  ch.  68,  §  14.]  [31  G.  A., 
ch.  44,. §  2.] 

Sec.  1110.  Delivery  of  official  ballots  to  judges.  Ballots  shall 
be  printed  and  in  the  possession  of  the  officer  charged  with  their 
distribution  at  least  two  days  before  the  election,  and  subject  to 
the  inspection  of  candidates  and  their  agents.  If  mistakes  are 
discovered,  they  shall  be  corrected  without  delay,  in  the  manner 
provided  in  this  chapter.  The  officers  charged  with  the  printing 
of  the  ballots  shall  cause  to  be  delivered  to  the  judges  of  election 
seventy-five  ballots,  of  the  kind  to  be  voted  in  such  precinct,  for 
every  fifty  votes  or  fraction  thereof  cast  therein  at  the  last  pre- 
ceding election  of  state  officers.  Such  ballots  shall  be  put  up  in 
separate  sealed  packages,  with  marks  on  the  outside,  clearly 
designating  the  polling  place  for  which  they  are  intended  and  the 
number  of  ballots  inclosed,  and  receipt  therefor  shall  be  given  by 
the  judge  or  judges  of  election  to  whom  they  are  delivered,  which 
receipt  shall  be  preserved  by  the  officer  charged  with  the  printing 
of  the  ballots.  Any  officer  charged  with  the  printing  and  distribu- 
tion of  ballots  shall  provide  and  retain  at  his  office  an  ample 
supply  of  ballots,  in  addition  to  those  distributed  to  the  several 
voting  precincts,  and  if  at  any  time  the  ballots  furnished  to  any 
precinct  shall  be  lost,  destroyed  or  exhausted  before  the  polls  are 
closed,  on  written  application,  signed  by  a  majority  of  the  judges 
of  such  precinct,  or  signed  and  sworn  to  by  one  of  such  judges,  he 
shall  immediately  cause  to  be  delivered  to  sueh  judges,  at  the 
polling  place,  sueh  additional  supply  of  ballots  as  may  be  re- 
quired, and  sufficient  to  ••mply  with  the  provisions  of  this  chap- 
ter. For  general  elections,  the  supply  of  ballots  so  retained  shall 


THE  CONDUCT  OP  THE  ELECTION  69 

only  equal  the  number  provided  for  the  precinct  casting  the 
largest  vote  at  the  preceding  general  election,  and  shall  include 
only  the  portions  of  the  various  tickets  to  be  voted  for  through- 
out the  entire  county,  with  blank  spaces  in  which  the  names  of 
candidates  omitted  may  be  written  by  the  voter,  and  with  blank 
spaces  in  the  indorsement  upon  the  back  of  such  ballots,  in  which 
the  name  of  the  precinct  shall  be  written  by  the  judges  of  elec- 
tion. [26  G.  A.,  ch.  68,  §  15.] 

Sec.  1111.  Card  of  instructions.  The  officer  whose  duty  it  is 
to  have  the  ballots  printed  shall  cause  to  be  copied  upon  cards  in 
large,  clear  type,  under  the  heading  "Card  of  Instructions, "  the 
following  matters  for  the  guidance  of  the  voters: 

1.  The  manner  of  obtaining  ballots; 

2.  The  manner  of  marking  ballots; 

3.  That  unmarked  or  improperly  marked  ballots  will  not  be 
counted ; 

4.  The  method  of  gaining  assistance  in  marking  ballots; 

5.  That  any  erasures   or  identification  marks,   or  otherwise 
spoiling  or  defacing  a  ballot,  will  render  it  invalid; 

6.  Not  to  vote  a  spoiled  or  defaced  ballot; 

7.  How  to  obtain  a  new  ballot  in  place  of  a  spoiled  or  defaced 
one; 

8.  Upon  the  right  of  an  employe  to  absent  himself  for  two 
hours  for  the  purpose  of  voting,  by  application  for  leave  so  to  do 
made  before  the  day  of  election,  without  deduction  from  his 
salary  or  wages; 

9.  Any  other  matters  thought  necessary. 

Such  instructions  shall  be  prepared  by  the  attorney-general  and 
delivered  to  the  secretary  of  state,  who  shall  cause  copies  of  the 
same  to  be  furnished  to  the  county  auditor  of  each  county.  New 
or  amended  instructions  may  be  so  prepared  from  time  to  time,  if 
thought  necessary,  and  copies  thereof  furnished  to  the  county 
auditors,  who  shall  furnish  to  the  judges  of  election  a  sufficient 
number  of  such  cards  of  instruction  as  will  enable  them  to  comply 
with  the  provisions  of  this  chapter.  [Same,  §  17.] 

Sec.  1112.  Cards  posted — publication  of  ballot.  The  judges  of 
election  shall  cause  at  least  one  of  each  of  such  cards  to  be  posted 
in  each  voting  booth  or  apartment  provided  for  the  preparation 
©f  ballots,  and  not  less  than  f  our,  with  an  equal  number  of  sample 
ballots,  in  and  about  the  polling  place,  upon  the  day  of  election 
before  the  opening  of  the  polls.  The  county  auditor  shall  cause 


70  THE  CONDUCT  OP  THE  ELECTION 

to  be  published,  prior  to  the  day  of  election,  in  two  newspapers, 
if  there  be  so  many  published  in  such  county,  selecting,  if  pos- 
sible, papers  representing  the  political  parties  which  cast  at  the 
preceding  general  election  the  largest  number  and  the  next  largest 
number  of  votes,  a  list  of  all  the  nominations  made,  as  herein  pro- 
vided, and  to  be  voted  for  at  such  election,  as  near  as  may  be  in 
the  form  in  which  they  shall  appear  upon  the  general  ballot,  but 
such  publication  shall  not  include  portions  of  the  ballot  relating 
to  township,  city  or  town  officers.  [Same,  §  18.] 

Sec.  1113.     Polling  places — voting  booths.     In  townships  the 
trustees,  and  in  cities  and  towns  the  mayor  and  clerk,  shall  pro- 
vide suitable  places  in  which  to  hold  all  elections  provided  for  in 
this  chapter,  and  see  that  the  same  are  warmed,  lighted,  and  fur- 
nished with  proper  supplies  and  conveniences,  including  a  suffi- 
cient number  or  supply  of  booths,  shelves,  pens,  penholders,  ink, 
blotters  and  pencils  to  enable  the  voter  to  prepare  his  ballot  for 
voting,  screened  from  all  observation  as  to  the  manner  in  which 
he  does  so.    A  guard  rail  shall  be  so  constructed  and  placed  that 
only  such  persons  as  are  inside  such  rail  can  approach  within  six 
feet  of  the  ballot  box,  or  of  the  booths.    The  voting  booths  shall 
be  so  arranged  that  they  can  only  be  reached  by  passing  within 
said  guard  rail,  and  so  that  they  shall  be  in  plain  view  of  the 
election  officers,  and  both  booths  and  ballot  boxes  shall  be  in 
plain  view  of  persons  outside  of  the  guard  rail.    Each  booth  shall 
be  at  least  three  feet  square,  and  have  three  sides  inclosed,  the 
side  in  front  to  open  and  shut  by  a  door  swinging  outward,  or 
closed  with  a  curtain.    Each  side  of  the  booth  shall  be  seven  feet 
high,  and  the  door  or  curtain  shall  extend  to  within  two  feet  of 
the  floor,  and  shall  be  closed  while  the  voter  is  preparing  his 
ballot.    Each  booth  shall  contain  a  shelf  at  least  one  foot  wide,  at 
a  convenient  height  for  writing,  and  shall  be  well  lighted.    The 
booths  and  compartments  shall  be  so  built  and  arranged,  if  pos- 
sible, as  to  be  permanent,  so  that  after  the  election  they  may  be 
taken  down  and  deposited  with  the  township,  city  or  town  clerk, 
as  the  case  may  be,  for  safekeeping  and  for  future  use.    The  num- 
ber of  voting  booths  shall  not  be  less  than  one  to  every  sixty  voters 
or  fraction  thereof  who  voted  at  the  last  preceding  election  in  the 
precinct.     In  precincts  outside  of  cities  and  towns  the  election 
shall,  if  practicable,  be  held  in  the  public  school  building,  for  the 
use  of  which  there  shall  be  no  charge,  but  all  damage  to  the  build- 
ing or  furniture  shall  be  paid  by  the  county.     [Same,  §  20.] 


THE  CONDUCT  OF  THE  ELECTION  71 

Sec.  1114.  Ballot  furnished  to  voter.  The  judges  of  election 
of  their  respective  precincts  shall  have  charge  of  the  ballots  and 
furnish  them  to  the  voters.  Any  person  desiring  to  vote  shall 
give  his  name,  and,  if  required,  his  residence,  to  such  judges,  one 
of  whom  shall  thereupon  announce  the  same  in  a  loud  and  distinct 
tone  of  voice,  clear  and  audible.  In  precincts  where  registration 
is  required,  if  such  name  is  found  on  the  register  of  voters  by 
the  officer  having  charge  thereof,  he  shall  likewise  repeat  such 
name  in  the  same  manner;  if  the  name  of  the  person  desiring  to 
vote  is  not  found  on  the  register  of  voters,  his  ballot  shall  not  be 
received  until  he  shall  have  complied  with  the  law  prescribing  the 
manner  and  conditions  of  voting  by  unregistered  voters.  [Same, 
§  19.] 

Sec.  1115.  Challenges.  Any  person  offering  to  vote  may  be 
challenged  as  unqualified  by  any  judge  or  elector;  and  it  is  the 
duty  of  each  of  the  judges  to  challenge  any  person  offering  to 
vote  whom  he  knows  or  suspects  not  to  be  duly  qualified ;  and  he 
shall  not  receive  a  ballot  from  a  voter  who  is  challenged,  until 
such  voter  shall  have  established  his  right  to  vote.  When  any 
person  is  so  challenged,  the  judges  shall  explain  to  him  the  quali- 
fications of  an  elector,  and  may  examine  him  under  oath  touching 
his  qualifications  as  a  voter.  In  all  precincts  where  registration 
is  not  required,  and  in  other  precincts  where  the  name  of  such 
voter  is  entered  upon  the  registration  lists,  if  the  person  chal- 
lenged insists  that  he  is  qualified,  and  the  challenge  is  not  with- 
drawn, one  of  the  judges  shall  tender  to  him  the  following  oath : 
"You  do  solemnly  swear  that  you  are  a  citizen  of  the  United 
States,  that  you  are  a  resident  in  good  faith  of  this  precinct,  that 
you  are  twenty-one  years  of  age  as  you  verily  believe,  that  you 
have  been  a  resident  of  this  county  sixty  days,  and  of  this  state 
six  months  next  preceding  this  election,  and  that  you  have  not 
voted  at  this  election,"  and  if  he  takes  such  oath,  his  vote  shall 
be  received.  [Same,  §  21;  C.  '73,  §§  619,  620;  R.,  §§  493-4;  C. 
'51,  §§  258-9.] 

The  duties  and  powers  conferred  by  this  section  on  judges  of  election, 
are  ministerial  and  such  judges  can  not  refuse  to  administer  the  oath 
provided  for  or  to  receive  the  ballot  after  the  oath  has  been  taken.  Lane 
v.  Mitchell,  153-139. 

A  wilful  and  malicious  refusal  to  receive  a  ballot  which  the  voter  is 
entitled  to  cast,  may  subject  an  election  judge  to  liability  beyond  merely 
nominal  damages.  Ibid. 

Sec.  1116.  Method  of  voting.  Any  voter  entitled  to  receive 
a  ballot  under  the  provisions  of  this  chapter  shall  be  allowed  to 


72  THE  CONDUCT  OP  THE  ELECTION 

ester  tjie  spaee,  enelosed  by  thje  guard  raj}.  One  pf  t&e  judges 
shall  give  him  one,  and  pnly  one,  ballot,  on  the  back  pf  which 
such  judge  shall  indorse  his  initials,  in  such  manner  that  they 
may  be  seen  when  the  ballot  is  properly  folded,  and  the  voter's 
name  shall  immediately  be  checked  on  the  registry  list.  The  name 
of  each  person,  when  a  ballot  is  delivered  to  him,  shall  be  entered 
by  each  of  the  clerks  of  election  in  the  poll-book  kept  by  him,  in 
the  place  provided  therefor.  [24  G.  A.,  ch.  33,  §  21 ;  C.  '73,  §  621 ; 
R.,  §  495 ;  C.  '51,  §  260.] 

Sec.  1117.  Depositing  ballot.  On  receipt  of  the  ballot,  the 
voter  shall,  without  leaving  the  enclosed  space,  retire  alone  to  one 
of  the  voting  booths,  and  without  delay  mark  his  ballot,  and,  be- 
fore leaving  the  voting  booth,  shall  fold  the  same  in  such  manner 
as  to  conceal  the  marks  thereon,  and  deliver  the  same  to  one  of 
the  judges  of  election,  but  the  number  of  the  voter  on  the  poll- 
books  or  register  lists  shall  not  be  indorsed  on  the  back  of  his 
ballot.  One  of  the  judges  of  election  shall  thereupon,  in  the  pres- 
ence of  the  voter,  deposit  such  ballot  in  the  ballot  box,  but  no 
ballot  without  the  official  indorsement  shall  be  allowed  to  be  de- 
posited therein.  The  voter  shall  quit  said  enclosed  space  as  soon 
as  he  has  voted.  Any  voter  who,  after  receiving  an  official  ballot, 
decides  not  to  vote,  shall,  before  retiring  from  within  the  guard 
rail,  surrender  to  the  election  officers  the  official  ballot  which  has 
been  given  him,  and  such  fact  shall  be  noted  on  each  of  the  poll 
lists.  A  refusal  to  surrender  such  ballot  shall  subject  the  person 
so  offending  to  immediate  arrest  and  the  penalties  provided  in 
this  chapter.  No  voter  shall  vote  or  offer  to  vote  any  ballot  ex- 
cept such  as  he  has  received  from  the  judges  of  election  in  charge 
of  the  ballots.  No  person  shall  take  or  remove  any  ballot  from 
the  polling  place  before  the  close  of  the  poll.  No  voter  shall  be 
allowed  to  occupy  a  voting  booth  already  occupied  by  another, 
nor  remain  within  said  inclosed  space  more  than  ten  minutes,  nor 
to  occupy  a  voting  booth  more  than  five  minutes,  in  case  all  of 
said  voting  booths  are  in  use  and  other  voters  waiting  to  occupy 
the  same,  nor  to  again  enter  the  inclosed  space  after  having 
voted;  nor  shall  more  than  two  voters  in  excess  of  the  whole 
number  of  voting  booths  provided  be  allowed  at  any  one  time  in 
such  inclosed  space,  except  by  the  authority  of  the  election  officers 
to  keep  order  and  enforce  the  law.  [24  CK  A.,  ch.  33,  §§  20*2,  26 ; 
C.  '73,  §  617;  B.,  §  492;  G,  '81,  &  J»7.] 

A  ballot  not  bearing  endorsement  of  the  judge  should  net  be  couated. 
Kelso  v.  Wright,  110-560. 


THE  CONDUCT  OF  THE  ELECTION  73 

Sec.  1118.  Assistance  to  vote.  Any  voter  who  may  declare 
upon  oath  that  he  cannot  ?ea<l  the  English  language,  6r  that,  by 
reason  of  any  physical  disability,  t§  is  unable  to  mark  his  ballot, 
shall,  upon  request,  be  assisted  in  marking  the  same  by  two  of 
the  election  officers  of  different  political  parties,  to  be  selected 
from  the  judges  and  clerks  of  the  precinct  in  which  they  are  to 
act,  to  be  designated  by  the  judges  of  election  of  each  precinct  at 
the  opening  of  the  polls.  Such  officers  shall  mark  the  ballot  as 
directed  by  the  voter,  and  shall  thereafter  give  no  information 
regarding  the  same.  The  clerks  of  election  shall  enter  upon  the 
poll  lists,  after  the  name  of  any  elector  who  received  such  assist- 
ance in  marking  his  ballot,  a  memorandum  of  the  fact.  Intoxica- 
tion shall  not  be  regarded  as  a  physical  disability,  and  no  intoxi- 
cated person  shall  be  entitled  to  assistance  in  marking  his  ballot. 
[24  G.  A,  ch.  33,  §  23.] 

Sec.  1119.  Marking  the  ballot.  Upon  retiring  to  the  voting 
booth,  the  voter  shall  prepare  his  ballot  by  placing  a  cross  in  the 
square  opposite  the  name  of  each  candidate  for  whom  he  desires 
to  vote.  The  voter  may  also  insert  in  writing,  in  the  proper  place, 
the  name  of  any  person  for  whom  he  desires  to  vote,  making  a 
cross  opposite  thereto.  The  writing  of  such  name  without  making 
a  cross  opposite  thereto,  or  the  making  a  cross  opposite  such  blank 
without  writing  a  name  therein  shall  not  affect  the  validity  of  his 
vote.  [24  G.  A,  ch.  33,  §  22.]  [28  G.  A.,  ch.  36,  §  1.]  [31  G.  A., 
ch.  44,  §  3.] 

The  law  does  not  recognize  the  writing  of  the  name  of  a  candidate  on 
the  ballot,  except  by  inserting  it  in  the  ballot  in  the  proper  place,  with 
a  cross  in  the  square  opposite  the  name  as  written.  Voorhees  v.  Arnold, 
108-77. 

The  amendment  of  this  section,  made  by  28  G.  A.,  chap.  36,  held  not 
applicable  in  a  case  tried  and  appealed  before  the  amendment  went  into 
effect.  Morrison  v.  Pepperman,  112-471. 

The  statute  providing  for  primary  elections  in  cities  adopting  the 
commission  form  of  government  is  not  to  be  construed  as  preventimg  the 
electors  from  voting  for  any  candidates  of  their  choice.  EcTcerson  v.  Des 
Moines,  137-452. 

Sec.  1120.  How  counted.  Ballots  marked  as  provided  in  the 
preceding  section  shall  be  counted  for  the  candidates  designated 
by  the  marks  in  the  squares.  When  only  one  candidate  for  any 
office  is  to  be  elected,  if  the  voter  marks  in  squares  opposite,  the, 
names  of  more  than  one  candidate  therefor,  such  vote  shall  not  be 
counted  for  such  office.  When  two  or  more  officers  of  the  same 
kind  are  to  be  elected,  if  more  squares  opposite  the  names  of  can- 
didates for  sucfc  office  are  marked  than  there  are  officers  to  be 


74  THE  CONDUCT  OF  THE  ELECTION 

elected  to  such  office,  the  ballot  shall  not  be  counted  for  any  such 
candidates.  If  for  any  reason  it  is  impossible  to  determine  the 
voter's  choice  for  any  office  to  be  filled,  his  ballot  shall  not  be 
counted  for  such  office.  Any  ballot  marked  by  the  voter  in  any 
other  manner  than  as  authorized  in  this  chapter,  and  so  that  such 
mark  may  be  used  for  the  purpose  of  identifying  such  ballot,  shall 
be  rejected.  [24  G.  A.,  ch.  33,  §§  22,  27.]  [31  G.  A.,  ch.  44,  §  4.] 

The  law  by  implication  prohibits  any  person,  including  the  voter,  from 
so  marking  the  ballot  that  the  mark  may  be  used  for  the  purpose  of 
identification,  and  a  ballot  so  marked  should  be  rejected.  The  unauthor- 
ized marks,  to  be  objectionable  as  identification  marks,  must  be  delib- 
erately made,  and  not  merely  accidentally,  or  as  the  result  of  inexperi- 
ence. Whether  the  marks  in  particular  cases  are  identification  marks  is 
for  the  jury.  The  question  is  whether  there  has  been  a  deliberate 
departure  in  the  marking,  and  in  a  way  tlbat  might  enable  the  marks 
to  be  used  to  identify  the  ballot.  Voorhees  v.  Arnold,  108-77. 

What  constitutes  an  identifying  mark  upon  a  ballot  is  generally  a 
question  of  fact  for  the  trial  court,  and  its  finding,  or  the  finding  of  the 
jury,  if  the  case  is  submitted  to  the  "jury,  is  conclusive  ur>on  appeal.  The 
unnecessary  marking  of  a  cross  in  the  square  below  the  marked  circle 
does  not  affect  the  validity  of  the  ballot.  Kelso  v.  Wright,  110-560. 

Where  a  ballot  had  crosses  in  scmares  or>posite  all  the  names  on  the 
republican  ticket,  except  that  of  the  candidate  for  township  trustee,  and 
as  to  that  office  had  a  cross  on  another  ticket  in  front  of  a  blank  space, 
held  that  it  was  properly  rejected.  Morrison  v.  Pepperman,  112-471. 

This  section  makes  the  cross  in  the  circle  effective  as  a  vote  for  all 
names  Drinted  ur»on  the  ticket  below  it,  and  if  in  front  of  the  name  of 
the  candidate  to  any  office  there  is  a  blank  in  such  ticket,  then  a  cross 
on  another  ticket  for  such  office  will  authorize  the  counting  of  the  ballot 
for  the  candidate  thus  desismated.  Spurrier  v.  McLennan,  115-461. 

Whether  unnecssary  crosses  in  places  where  no  provision  for  marking 
with  a  cross  is  made,  as  for  instance  in  front  of  the  names  of  the  candi- 
dates for  president  and  vice-president,  constitute  identifying  marks  such 
as  to  vitiate  the  ballot  is  a  question  of  fact  for  the  trial  court.  ttid. 

Where  there  is  a  cross  in  the  circle  marked  at  the  head  of  one  ticket, 
the  marking  of  a  cross  in  the  snuare  before  the  name  on  another  ticket 
has  no  effect  other  than  to  nullify  the  vote  for  the  officer  thus  doubly 
voted  for.  This  rule  is  in  nowise  altered  by  the  marking  of  the  squares 
below  the  marked  circle.  Itid. 

Sec.  1121.  Voting  mark  —  spoiled  ballots.  The  voting  mark 
shall  be  a  cross  in  the  square  opposite  to  the  name  of  the  candi- 
date for  whom  the  voter  desires  to  vote.  Any  voter  who  shall 
spoil  his  ballot  may,  on  returning  the  same  to  the  judges,  receive 
another  in  place  thereof,  but  no  voter  shall  receive  more  than 
three  ballots,  including  the  one  first  delivered  to  him.  None  but 
ballots  provided  in  accordance  with  the  provisions  of  this  chapter 
shall  be  counted.  [24  G.  A.,  ch.  33,  §§  22,  25.]  [31  G.  A.,  ch.  44, 
§  5.] 


The  provisions  of  this  section  are  mandatory.     LehigJi  Sewer  Pipe 
file  Company,  v.  Town  of  Lefiigh,  156-386. 


THE  CONDUCT  OF  THE  ELECTION  75 

Sec.  1122.  Defects  in  printed  ballot.  No  ballot  properly 
marked  by  the  voter  shall  be  rejected  because  of  any  discrepancy 
between  the  printed  ballot  and  the  nomination  paper  or  certificate 
of  nomination,  and  shall  be  counted  for  the  candidate  or  candi- 
dates for  such  offices  named  in  the  nomination  paper  or  certificate 
of  nomination.  No  ballot  furnished  by  the  proper  officer  shall  be 
rejected  for  any  error  in  stamping  or  writing  the  indorsements 
thereon  by  the  officials  charged  with  such  duties,  nor  because  of 
any  error  on  the  part  of  the  officer  charged  with  such  duty  in  de- 
livering the  wrong  ballots  at  any  precinct  or  polling  place,  but 
any  ballot  delivered  by  the  proper  official  to  any  voter  shall,  if 
properly  marked  by  the  voter,  be  counted  as  cast  for  all  candi- 
dates for  whom  the  voter  had  the  right  to  vote,  and  for  whom  he 
has  voted. 

The  act  of  the  judges  in  correcting  the  name  of  a  candidate  on  the 
official  ballots  properly  furnished  to  them,  held  not  to  render  the  ballots 
void.  Cook  v.  Fisher.  69  N.  W.,  264.  100-27. 

The  ballot  law  is  mandatory  in  the  sense  that  it  requires  in  the  prepara- 
tion of  the  official  ballot  strict  compliance  with  all  its  provisions,  but  not 
in  the  sense  that  the  voter's  right  to  exercise  the  elective  franchise  will 
be  lost  because  of  some  technical  mistake  in  printing  the  names  of  candi- 
dates upon  the  ballot.  Ibid. 

While  none  but  official  ballots  are  to  be  used  or  counted,  there  is  no 
affirmative  declaration  that  the  correction  of  official  ballots  will  render 
them  void.  IMd. 

The  election  law  was  enacted  to  aid  the  elector  in  expressing  his  free 
choice  and  not  by  technical  obstructions  to  make  the  right  of  voting 
difficult  and  insecure.  When  the  elector  receives  a  ballot  from  the  proper 
officials  he  may  rely  upon  it  as  genuine  and,  when  properly  marked  by 
him,  have  it  counted  for  all  candidates  for  whom  he  had  the  right  to 
vote  and  did  vote.  There  is  a  distinction  between  errors  of  officers  which 
would  have  the  effect  to  deprive  voters  of  the  franchise  and  a  disregard 
of  the  law  by  the  electors  themselves.  State  v.  Bernholtz,  106-157. 

Sec.  1123.  Employes.  Any  person  entitled  to  vote  at  a  general 
election  shall,  on  the  day  of  such  election,  be  entitled  to  absent 
himself  from  any  services  in  which  he  is  then  employed  for  a  pe- 
riod of  two  hours,  between  the  time  of  opening  and  closing  the 
polls,  which  period  may  be  designated  by  the  employer,  and  such 
voter  shall  not  be  liable  to  any  penalty,  nor  shall  any  deduction 
be  made  from  his  usual  salary  or  wages,  on  account  of  such  ab- 
sence, but  application  for  such  absence  shall  be  made  prior  to  the 
day  of  election.  Any  employer  who  shall  refuse  to  an  employe  the 
privilege,  conferred  by  this  section,  or  shall  subject  such  employe 
to  a  penalty  or  reduction  of  wages  because  of  the  exercise  of  such 
privilege,  or  shall  in  any  manner  attempt  to  influence  or  control 
such  employe  as  to  how  he  shall  vote,  by  offering  any  reward,  or 


76  THE  CONDUCT  OF  THE  ELECTION 

threatening  discharge  from  employment,  or  otherwise  intimidating 
or  attempting  to  intimidate  such  employe  from  exercising  his  right 
to  vote,  shall  be  punished  by  a  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars.  [24  G.  Av  ch.  33,  §  24.] 

Sec.  1124.  Persons  at  palling  place.  No  persons  shall,  during 
the  receiving  and  counting  of  the  ballots  at  any  polling  place, 
loiter,  or  congregate,  or  do  any  electioneering  or  soliciting  of 
votes,  within  one  hundred  feet  of  any  outside  door  of  any  build- 
ing affording  access  to  any  room  where  the  polls  are  held,  or  of 
any  outside  door  of  any  building  affording  access  to  any  hallway, 
corridor,  or  stairway,  or  other  means  of  reaching  such  room,  nor 
shall  any  person  interrupt,  hinder  or  oppose  any  voter  while  ap- 
proaching or  leaving  the  polling  place  for  the  purpose  of  voting; 
but  any  person  who  is  by  law  authorized  to  perform  or  is  charged 
with  the  performance  of  official  duties  at  the  election,  and  any 
number  of  persons,  not  exceeding  three  from  each  political  party 
having  candidates  to  be  voted  for  at  such  election,  to  act  as  chal- 
lenging committees,  who  are  appointed  and  accredited  by  the 
executive  or  central  committee  of  such  political  party  or  organiza- 
tion, respectively,  or  of  persons  not  exceeding  three  from  each  of 
such  political  parties,  appointed  and  accredited  in  the  same  man- 
ner as  above  prescribed  for  challenging  committees,  to  witness  the 
counting  of  ballots,  may  be  present  at  the  polling  place.  [Same, 
§  26;  22  G.  A.,  ch.  48,  §  9;  21  G.  A.,  ch.  161,  §  13.] 

Sec.  1125.  Special  policemen.  The  city  council  shall  detail 
and  employ,  on  the  nomination  of  the  principal  political  commit- 
tee of  each  political  party  recognized  as  the  two  leading  parties, 
from  citizens,  or  the  police  force  of  the  city,  from  two  to  four 
special  policemen  for  each  precinct,  and  fully  empower  them  for 
the  special  occasion  of  each  election,  who  shall  be  men  of  good 
character  and  reputation,  in  equal  numbers  from  each  of  the 
leading  political  parties,  to  prevent  the  violation  of  any  of  the 
terms,  provisions  or  requirements  of  this  chapter,  or  of  any  other 
Command  made  in  pursuance  of  any  provisions  hereof,  and  no 
^ther  peace  officer  than  those  above  named  shall  exercise  his 
authority  for  preserving  order  at  or  within  one  hundred  feet 
of  such  voting  places,  unless  called  in  by  an  emergency.  If  no 
policeman  be  in  attendance,  the  judges  of  election  may  appoint 
one  or  more  specially,  by  writing,  who  shall  have  all  the  powers  of 
such  special  policeman.  [22  G.  A.,  ch.  48,  §  9 ;  21  G.  A.,  ch.  161, 
§13.] 


THE  CONDUCT  OP  THE  ELECTION  77 

Special  policemen,  appointed  by  the  «ity  council  on  the  nomination  of 
political  parties,  are  not  entitled  to  compensation  either  from  the  city  or 
the  county,  as  the  statute  makes  no  provision  for  such  compensation. 
Mousseau  v.  Sioux  City,  113-246. 

See  §  1129. 

Sec.  1126.  Constables.  Except  in  voting  precincts  within  any 
city,  any  constable  of  the  township,  who  may  be  designated  by  the 
judges  of  election,  shall  attend  at  the  place  of  election;  if  none 
attend,  the  judges  of  the  election  may,  in  writing,  specially  ap- 
point one  or  more,  who  shall  have  all  the  powers  of  a  regular  con- 
stable. [C.  73,  §  612;  R.,  §  487;  C.  '51,  §  252.] 

Sec.  1127.  Preserving  order.  All  special  policemen  and  con- 
stables are  authorized  and  required  to  preserve  order  and  peace 
at  all  places  of  election,  and  such  special  policemen,  constables, 
and  all  other  persons  are  authorized  and  required  to  obey  the  law- 
ful orders  and  commands  of  said  judges  of  election  given  to  pre- 
vent violations  of  this  chapter.  [22  G.  A.,  ch.  48,  §  9 ;  21  G.  A,,  ch. 
161,  §  13;  C.  73,  §  612;  R.,  §  487;  C.  '51,  §  252.] 

Sec.  1128.  Arrest  of  disorderly  persons.  If  any  person  con- 
ducts  himself  in  a  noisy,  riotous,  tumultuous  or  disorderly  manner 
at  or  about  the  polls,  so  as  to  disturb  the  elections,  or  insults  or 
abuses  the  judges  or  clerks  of  election,  or  commits  a  breach  of 
the  peace,  or  violates  any  of  the  provisions  of  this  chapter,  the 
judges  or  clerks  of  the  election,  or  any  of  them,  shall  order  the 
arrest  of  any  such  person,  and  the  constable  or  any  special  police- 
man may  forthwith  arrest  him  and  bring  him  before  the  judges 
of  election,  and  they,  by  a  warrant  under  their  hands,  may  com- 
mit him  to  the  jail  of  the  county  for  a  term  not  exceeding  twenty- 
four  hours,  but  they  shall  permit  him  to  vote.  [22  G.  A.,  ch.  48,  § 
9;  21  G.  A.,  ch.  161,  §  13;  C.  73,  §  613;  R.,  §  488;  C.  '51,  §  253.] 

Sec.  1129.    Expenses — special  policemen — compensation.    The 

special  policemen  appointed  under  the  provisions  of  this  chapter 
shall  be  entitled  to  receive  two  dollars  ($2)  a  day  as  compensation 
for  their  services,  which  with  the  expense  of  providing  booths, 
guard  rails,  and  other  things  required  in  this  chapter  shall  be 
paid  in  the  same  manner  as  other  election  expenses.  The  printing 
and  distributing  of  ballots  and  cards  of  instruction  to  the  voters, 
described  in  this  chapter,  for  any  general  election,  shall  be  at  the 
expense  of  the  county,  and  shall  be  provided  ftr  in  the  same  man- 
ner as  other  county  election  expense*.  The  prlating  and  distribu- 
tion of  ballots  for  tfse  in  city  eleeti$rf§  shall  be  at  the  expense  of 


78  THE  CONDUCT  OP  THE  ELECTION 

the  city  or  town  in  which  the  election  shall  be  held.     [24  G.  A.,  ch. 
33,  §§  2,  20.]     [30  G.  A.,  ch.  39.] 

The  provisions  of  this  section  do  not  cover  compensation  of  special 
policemen  appointed  under  code  par.  1125.  Mousseau  v.  Sioux  City,  113-246. 

Sec.  1130.  Ballot  boxes.  The  board  of  supervisors  shall  pro- 
vide for  each  precinct  in  the  county,  for  the  purpose  of  elections, 
one  box,  with  lock  and  key.  "When  any  township  precinct  includes 
a  town  or  part  thereof,  together  with  territory  outside  the  limits 
of  such  town,  the  township  trustees  shall  prepare  a  separate  ballot 
box  to  receive  the  votes  for  township  assessor,  which  shall  be  on 
separate  ballots,  and  only  the  ballots  of  persons  living  outside  of 
the  limits  of  such  town  shall  be  placed  in  said  ballot  box.  The 
judges  of  election  shall  place  each  ballot  in  its  proper  ballot  box. 
The  judges  of  election  shall  have  the  right  to  administer  an  oath 
to  any  voter,  and  to  examine  him  under  oath  as  to  the  assessor 
for  whom  such  elector  is  entitled  to  vote.  [17  G.  A.,  ch.  71,  §§2, 
3;  C.  '73,  §  614;  R.,  §  489;  C.  '51,  §  254.]  [29  G.  A.,  ch.  53,  §  2.} 

Sec.  1131.  Voting  by  women.  At  all  elections  where  women 
may  vote,  no  registration  of  women  shall  be  required;  separate 
ballots  shall  be  furnished  for  the  question  on  which  they  are  en- 
titled to  vote;  a  separate  ballot  box  shall  be  provided  in  which 
all  ballots  cast  by  them  shall  be  deposited,  and  a  separate  canvass 
thereof  made  by  the  judges  of  the  election,  and  the  returns  thereof 
shall  show  such  vote.  The  right  of  any  citizen  to  vote  at  any  city, 
town  or  school  election,  on  the  question  of  issuing  any  bonds  for 
municipal  or  school  purposes,  and  for  the  purpose  of  borrowing 
money,  or  on  the  question  of  increasing  the  tax  levy,  shall  not  be 
denied  or  abridged  on  account  of  sex.  [25  G.  A.,  ch.  39.] 

Women  have  the  right  to  vote  at  city  elections  on  question  involving 
either  the  issuance  of  bonds  or  increasing  of  taxation.  Coggeshall  v. 
Des  Moines,  138-730. 

These  provisions  as  to  women  voting  at  municipal  elections  in  cer- 
tain cases,  are  not  unconstitutional.  Ibid. 

While  these  provisions  are  not  unconstitutional,  they  do  not  make 
women  qualified  electors,  within  the  proper  meaning  of  that  term.  In  re 
application  of  Carragher,  149-225. 

Sec.  1132.  Registry  and  poll  books.  The  county  auditor  shall 
prepare  and  furnish  to  each  precinct  two  poll-books,  having  each 
of  them  a  sufficient  column  for  the  names  of  the  voters,  a  column 
for  the  number,  and  sufficient  printed  blank  leaves  to  contain  the 
entries  of  the  oaths,  certificates  and  returns;  and  also  all  books, 
blanks  and  materials  necessary  to  carry  out  the  provisions  of  the 


THE  CONDUCT  OF  THE  ELECTION  79 

chapter  on  registration  of  voters.     [C.  '73,  §  615,  R.,  §  490;  C.  '51, 

§  255.] 

It  is  not  required  that  the  poll  lists  show  in  what  town  in  the  county 
the  voter  resides.  Porter  v.  Butterficld,  116-725. 

Sec.  1133.  Penalty.  Any  person  violating  or  attempting  to 
violate  any  provisions  or  requirements  of  this  chapter  or  failing 
or  refusing  to  comply  with  any  order  or  command  of  an  election 
officer,  made  in  pursuance  of  the  provisions  of  this  chapter,  shall 
be  punished  by  a  fine  of  not  less  than  fifty,  nor  more  than  two 
hundred  dollars,  or  by  imprisonment  of  not  less  than  twenty 
days,  nor  more  than  six  months,  in  the  county  jail.  [22  G.  A., 
ch.  48,  §  9;  21  G.  A.,  ch.  161,  §  IS.] 

Sec.  1134.  Interference  with  voters.  No  person  shall  on  elec- 
tion day  do  any  electioneering  or  solicit  votes  within  any  polling 
place,  or  within  one  hundred  feet  therefrom,  as  defined  in  this 
chapter,  or  interrupt,  hinder  or  oppose  any  voter  while  approach- 
ing the  polling  place  for  the  purpose  of  voting;  nor  shall  any 
voter,  except  as  provided  by  law,  allow  his  ballot  to  be  seen  by 
any  person,  or  make  a  false  statement  as  to  his  inability  to  mark 
his  ballot ;  nor  shall  any  person  interfere  or  attempt  to  interfere 
with  any  voter  when  inside  the  inclosed  space,  or  when  marking 
his  ballot,  or  endeavor  to  induce  any  voter,  before  voting,  to 
show  how  he  marks  or  has  marked  his  ballot ;  nor  shall  any  person 
mark,  or  cause  in  any  manner  to  be  marked,  on  any  ballot  any 
character  for  the  purpose  of  identifying  such  ballot.  Any  viola- 
tion of  the  provisions  of  this  section  shall  be  punished  by  a  fine 
of  not  less  than  five  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  for  not  less  than  ten  days  nor  more  than  thirty 
days  in  the  county  jail,  or  by  both  fine  and  imprisonment.  [24  G. 
A.,  ch.  33,  §§  26,  27.] 

Sec.  1134-a.  Position  promised  for  support.  It  shall  be  un- 
lawful for  any  candidate  for  any  office  to  be  voted  for  at  any 
primary,  municipal  or  general  election,  prior  to  his  nomination 
or  election,  to  promise  either  directly  or  indirectly,  to  support 
or  use  his  influence  in  behalf  of  any  person  or  persons  for  any 
position,  place,  or  office,  or  to  promise  directly  or  indirectly  to 
name  or  appoint  any  person  or  persons  to  any  place,  position  or 
office  in  consideration  of 'any  person  or  persons  supporting  him 
or  using  his,  her  or  their  influence  in  securing  his  or  her  nomina^ 
tion,  election  or  appointment.  [35  G.  A.,  cb,  303,  §  1.] 


80  THE  CONDUCT  OP  THE  ELECTION 

Sec.  1134-b,  Influence  promised  for  support.  It  shall  be  un- 
lawful for  any  person  to  solicit  from  any  candidate  for  any  office 
to  be  voted  for  at  any  primary,  municipal  or  general  election, 
or  any  candidate  for  appointment  to  any  public  office,  prior  to 
his  nomination,  election  or  appointment,  to  promise  directly,  or 
indirectly,  to  support  or  use  his  or  her  influence  in  behalf  of  any 
person  or  persons  for  any  position,  place  or  office,  or  to  promise 
either  directly  or  indirectly  to  name  or  appoint  any  person  or 
persons  to  any  place,  position  or  office  in  consideration  of  any 
person  or  persons  supporting  him  or  her,  or  using  his,  her  or 
their  influence  in  securing  his  or  her  nomination,  election  or 
appointment.  [35  G.  A.,  ch.  303,  §  2.] 

Sec.  1134-c.  Violation — penalty.  Any  person  violating  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  punished  as  provided  in  section  eleven  hundred  thirty-seven- 
a-six  (1137-a-6)  supplement  to  the  code,  1907.  [35  G.  A.,  ch.  303, 

§3.] 

Sec.  1135.  Defacing  posted  lists  or  cards.  Any  person  who 
shall,  prior  to  any  election,  wilfully  destroy  or  deface  any  list  of 
candidates  posted  in  accordance  with  the  provisions  of  this  chap- 
ter, or  who,  during  an  election,  shall  wilfully  deface,  tear  down, 
remove  or  destroy  any  card  of  instruction  or  specimen  ballot 
printed  and  posted  for  the  instruction  of  voters,  or  who  shall, 
during  an  election,  wilfully  remove  or  destroy  any  of  the  supplies 
or  conveniences  furnished  to  enable  voters  to  prepare  their  bal- 
lots, or  shall  wilfully  hinder  the  voting  of  others,  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars,  or  imprisonment  for  not  less  than  ten  nor  more  than 
thirty  days,  or  by  both  fine  and  imprisonment.  [Same,  §  28.] 

Sec.  1136.  Forgery  of  papers  or  ballots.  Any  person  who 
shall  falsely  make,  or  wilfully  destroy,  any  certificate  of  nomina- 
tion or  nomination  papers,  or  any  part  thereof,  or  any  letter  of 
withdrawal,  or  file  any  certificate  of  nomination,  or  nomination 
papers,  knowing  the  same  or  any  part  thereof  to  be  falsely  made, 
or  suppress  any  certificate  of  nomination,  or  nomination  papers, 
or  any  part  thereof,  which  have  been  duly  filed,  or  forge  or 
falsely  make  the  official  indorsement  on  any  ballot,  or  substitute 
therefor  any  spurious  or  counterfeit  ballot,  or  make,  use,  circulate, 
or  cause  to  be  made  or  circulated  as  an  official  ballot,  any  paper 
printed  in  imitation  or  resemblance  thereof,  or  wilfully  destroy 
or  deface  any  ballot,  or  wilfully  delay  the  delivery  of  any  ballots, 


THE  CONDUCT  OP  THE  ELECTION  81 

shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  one  thousand  dollars,  or  by  imprisonment  in  the 
penitentiary  not  less  than  one  nor  more  than  five  years,  or  by 
both  fine  and  imprisonment.  [Same,  §  29.] 

Sec.  1137.  Official  neglect  or  misconduct.  Any  public  officer 
upon  whom  a  duty  is  imposed  by  this  chapter,  who  shall  wilfully 
neglect  to  perform  such  duty,  or  who  shall  wilfully  perform  it  in 
such  a  way  as  to  hinder  the  object  thereof,  or  shall  disclose  to  any 
one,  except  as  may  be  ordered  by  any  court  of  justice,  the  con- 
tents of  any  ballot,  as  to  the  manner  in  which  the  same  may  have 
been  voted,  shall  be  punished  by  a  fine  of  not  less  than  five  nor 
more  than  one  thousand  dollars,  or  by  imprisonment  in  the  peni- 
tentiary for  not  less  than  one  nor  more  than  five  years,  or  by  both 
fine  and  imprisonment.  [Same,  §  30.] 


PART  IV 

DIVISION  2. 

JUDGES  OF  ELECTION  TO  SELECT  JURORS. 

Section  332.  Competency  to  act.  All  qualified  electors  of  the 
state,  of  good  moral  character,  sound  judgment,  and  in  full  pos- 
session of  the  senses  of  hearing  and  seeing,  and  who  can  speak, 
write  and  read  the  English  language,  are  competent  jurors  in 
their  respective  counties.  [26  G.  A.,  ch.  61,  §  1 ;  25  G.  A.,  ch.  70, 
§  1;  C.  '73,  §  227;  R.,  §  2720;  C.  '51,  §  1630.] 

Under  certain  facts,  held,  that  a  juror  was  incompetent  as  not  being  a 
qualified  elector;  also  held,  that  an  objection  to  the  competency  of  a 
juror  should  be  interposed  when  he  is  sworn,  but,  if  not  then  known,  may 
iDe  interposed  after  verdict.  State  v.  Groome,  10-308. 

As  to  who  are  electors,  see  Const.,  art.  II,  §  1. 

A  judgment  rendered  upon  a  verdict  by  a  jury,  some  members  of  which 
are  disqualified,  is  erroneous,  but  not  void;  it  might  be  reversed  upon  ap- 
peal, but  it  cannot  be  disregarded  as  a  nullity.  Foreman  v.  Hunter, 
59-550. 

The  former  requirement  that  jurors  be  chosen  from  the  body  of  the 
county  was  intended  to  prevent  the  selection  of  jurors  resident  out  of  the 
county,  and  did  not  require  that  jurors  should  be  taken  from  all  parts  of 
the  county;  therefore,  held,  that  a  statute  authorizing  the  holding  of  the 
district  court  in  two  places  in  a  county,  and  providing  that  when  held 
at  one  of  these  places  the  jurisdiction  should  be  limited  to  certain  town- 
ships, and  the  jurors  should  be  selected  from  only  these  townships,  did 
not  interfere  with  the  right  of  trial  by  jury.  Trimble  v.  State,  2  G. 
Gr.,  404. 

Inability  to  read  and  write  the  English  language  is  a  ground  of  chal- 
lenge, but  the  mere  fact  that  the  juror  is  shown  to  have  signed  his  name 
by  a  mark  on  several  occasions,  does  not  prove  his  inability  to  write. 
State  v.  Greenland,  125-141. 

The  discretion  of  the  trial  court  in  passing  upon  the  competency  of  a 
person  to  act  as  a  juror  on  challenge  will  not  generally  be  interfered  with 
on  appeal.  Harris  v.  Moore,  112  N.  W.,  163. 

The  fact  that  a  juror  flms  a  slight  defect  in  one  eye  which  does  not 
deprive  him  in  any  degree  of  his  sight  does  not  render  him  incompetent. 
State  v.  Norman.  135-483. 

Sec.  333.  Who  exempt.  The  following  persons  are  exempt 
from  liability  to  act  as  jurors:  All  persons  holding  office  under 
the  laws  of  the  United  States  or  this  state ;  all  practicing  attor- 
neys, physicians,  registered  pharmacists,  dentists  and  clergymen ; 
all  acting  professors  or  teachers  of  any  college,  school  or  other 
institution  of  learning;  and  all  persons  disabled  by  bodily  in- 
firmity, or  over  sixty -five  years  of  age;  active  members  of  any 


JUDGES  OF  ELECTION  TO  SELECT  JURORS        83 

fire  company;  and  any  person  who  is  conscientiously  opposed  to 
acting  as  a  juror  because  of  his  religious  faith.  [26  G.  A.,  ch. 
61,  §  2;  C.  '73,  §  228;  R,  §  2721;  C.  '51,  §  1631.]  [33  G.  A,  ch. 
19.] 

If  the  jury  list  is  made  up  from  persons  competent  to  serve  as  grand 
jurors  and  there  is  no  showing  of  prejudice  to  defendant  in  the  exclu- 
sion of  any  particular  class  of  persons  the  failure  to  consider  persons 
as  competent  who  might  have  been  selected  will  not  be  a  ground  of 
challenge  to  the  grand  jury.  State  v.  Pell,  140-655. 

The  exemption  is  a  personal  privilege,  which  may  be  waived,  and  is 
not  a  ground  for  challenge.  State  v.  Adams,  20-486;  State  v.  Edgerton, 
69  N.  W.,  280.  See  §  3692.  100-63. 

Sec.  334.     Who  may  be  excused— false  statements  punished. 

Any  person  may  also  be  excused  from  serving  on  a  jury  when  his 
own  interests  or  those  of  the  public  will  be  materially  injured  by 
his  attendance,  or  when  the  state  of  his  own  health,  or  the  death 
or  sickness  of  a  member  of  his  family,  requires  his  absence  from 
court.  Any  person  who  knowingly  makes  any  false  affidavit, 
statement  or  claim,  for  the  purpose  of  relieving  himself  from  serv- 
ing as  a  juror,  OR  ANY  PERSON  WHO  REQUESTS  THE 
JUDGES  OF  ELECTION  TO  RETURN  HIS  NAME  AS  SUCH 
JUROR,  shall,  upon  conviction,  be  punished  by  fine  not  exceeding 
one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
more  than  thirty  days,  or  the  court  may  punish  such  persons  as 
for  contempt.  [26  G.  A.,  ch.  61,  §  3;  25  G.  A.,  ch.  70,  §  4;  C.  '73, 
§  229;  R.,  §  2722;  C.  '51,  §  1632.] 

That  jurors  have  been  excused  on  their  own  statements,  not  under 
oath,  is  not  ground  of  objection  by  the  defendant  in  a  criminal  case,  and 
he  cannot  have  an  attachment  issued  to  compel  the  attendance  of  those 
so  excused.  State  v.  Ostrander,  18-435,  448. 

Sec.  335.  List  to  be  made  biennially.  At  the  time  of  holding 
the  general  election  in  A.  D.  1912,  and  biennially  thereafter,  lists 
shall  be  made  from  which  to  select  persons  to  serve  as  grand  and 
petit  jurors  and  talesmen  for  the  biennial  period  commencing  with 
the  first  day  of  January  next  thereafter,  as  follows:  One  hun- 
dred fifty  (150)  persons  in  each  county  from  which  to  select 
grand  jurors;  the  number  equal  to  one-fourth  (y±)  of  the  whole 
number  of  qualified  electors  in  said  county,  who  voted  in  the  last 
preceding  general  election  as  shown  by  the  poll  books  of  said 
election,  from  which  to  select  petit  jurors ;  and  the  number  equal 
to  thirty  per  cent  (30%)  of  the  whole  number  of  qualified  elec- 
tors, who  voted  at  the  last  preceding  general  election,  as  shown 
by  the  poll  books  of  said  election,  in  the  city  or  town  in  which 
the  district  court  is  held  and  the  township,  or  townships,  in  which 


84        JUDGES  OP  ELECTION  TO  SELECT  JURORS 

said  city  or  town  is  located,  from  which  to  select  talesmen;  pro- 
vided, however,  that  in  no  case  shall  such  list  for  talesmen  con- 
tain more  than  six  hundred  (600)  names,  [26  G,  A.,  ch.  61,  §  4; 
C.  '73,  §  234;  C,  '73,  §  244;  R.,  §  2738.]  [33  G.  A.,  ch.  20.]  [34 
G.  A.,  ch.  17,  §  2.] 

Sec.  335-a.  Talesmen  list — how  made.  The  talesmen  list  shall 
be  made  from  names  of  persons  who  reside  in  the  city  or  town 
in  which  the  district  court  is  held  and  the  township  or  townships 
in  which  said  city  or  town  is  located.  [34  G.  A.,  ch.  17,  §  3.] 

Sec.  335-b.  How  selected  in  counties  holding  court  in  more  than 
one  place.  In  counties  where  court  is  held  in  more  than  one  place, 
the  persons  shall  be  selected  from  the  qualified  electors  of  the 
separate  divisions  of  the  county,  giving  to  each  division  the  num- 
ber of  grand  jurors  and  petit  jurors  and  talesmen  to  which  it 
would  be  entitled,  if  it  were  a  separate  county.  [34  G.  A.,  ch. 
17,  §  4.] 

Sec.  335-c.  Length  of  service.  No  person  on  the  list  of  grand 
jurors  shall  be  eligible  to  serve  as  a  grand  juror  except  for  one 
calendar  year  of  the  biennial  period  for  which  the  list  is  made, 
and  no  person  on  the  list  of  petit  jurors  shall  be  eligible  to  serve 
as  a  juror  at  more  than  one  term  of  court  during  such  biennial 
period.  [34  G.  A.,  ch.  17,  §  5.] 

Sec.  335-d.  Validity  of  1910  jury  list  not  affected.  Nothing 
herein  shall  be  construed  to  affect  the  validity  of  the  jury  list, 
made  at  the  time  of  holding  the  general  election  in  A.  D.  1910 
in  accordance  with  the  provisions  of  chapter  twenty  (20)  of  the 
acts  of  the  thirty-third  (33d)  general  assembly  for  the  biennial 
period  commencing  January  1st,  1911.  [34  G.  A.,  ch.  17,-  §  6.] 

Sec.  336.  Auditor  to  apportion.  On  or  before  the  first  Monday 
in  September  in  each  year,  the  county  auditor  shall  apportion 
the  number  of  grand  and  petit  jurors  to  be  selected  among  the 
several  election  precincts,  and  the  talesmen  among  the  precincts 
from  which  the  same  are  to  be  drawn,  in  each  case  as  nearly  as 
practicable  in  proportion  to  the  number  of  votes  polled  in  such 
precincts  at  the  last  general  election.  [26  G.  A.,  ch.  61,  §  5;  C. 
'73,  §  236;  R.,  §  2725;  C.  '51,  §  1635.] 

A  substantial  compliance  with  such  provisions  held  sufficient.  State 
v.  Edgerton,  69  N.  W.,  280;  State  v.  Pierce,  58  N.  W.,  891,  90-506. 

Sec.  337.  Judges  of  election  to  return  names — if  they  fail, 
supervisors  supply  names — certain  names  to  be  omitted.  The 


JUDGES  OP  ELECTION  TO  SELECT  JURORS  85 

\~~ 

auditor  shall,  at  the  time  of  furnishing  the  poll-books  to  the  judges 
of  election,  furnish  them  also  a  statement  of  the  number  of  persons 
apportioned  to  their  respective  precincts  to  be  returned  for  each 
of  the  said  jury  lists,  together  with  the  names  of  all  persons  who 
have  served  as  grand  or  petit  jurors  since  January  first  preced- 
ing, which  latter  names  shall  be  furnished  to  him  by  the  clerk 
of  the  district  court.  The  judges  shall  thereupon  make  the  requi- 
site selection,  and  return  lists  of  names  so  selected  to  the  auditor 
with  the  returns  of  elections;  and  in  case  the  judges  of  election 
shall  fail  to  make  and  return  said  lists  as  herein  required,  the 
board  of  supervisors  shall,  at  the  meeting  held  to  canvass  the 
votes  polled  in  the  county,  make  such  lists  for  the  de- 
linquent precincts,  and  the  auditor  shall  file  such  lists  in  his  office, 
and  cause  a  copy  thereof  to  be  recorded  in  the  election  book. 
Should  no  general  election  be  held  in  the  year  one  thousand  nine 
hundred  and  five,  the  board  of  supervisors  shall  meet  on  the  first 
Monday  in  December  of  said  year  and  prepare  the  grand  and 
petit  jury  lists  from  the  poll-books  returned  from  the  various 
voting  precincts  of  the  county  in  the  year  one  thousand  nine 
hundred  and  four.  Such  lists  shall  be  composed  only  of  persons 
competent  and  qualified  to  serve  as  jurors;  and  the  judges  of 
election  or  boards  of  supervisors  shall  omit  from  said  lists  the 
name  of  any  person  who  has  served  as  a  grand  or  petit  juror 
in  a  court  of  record  since  January  first  preceding  and  shall  also 
omit  the  name  of  any  person  who  has  served  as  judge  or  clerk 
of  the  general  election  in  the  year  in  which  said  jury  list  is  pre- 
pared. And  if  the  name  of  any  such  person  is  returned,  the  fact 
that  he  has  requested  to  be  so  returned,  or  has  served  as  such 
juror  in  a  court  of  record  during  the  jury  year,  as  defined  in  this 
chapter,  or  has  served  as  such  judge  or  clerk  of  election  as  herein 
stated,  shall  be  a  ground  for  challenge  for  cause.  THE  MEM- 
BERS OF  THE  ELECTION  BOARD,  OR  THE  BOARD  OF  SU- 
PERVISORS, WHEN  CERTIFYING  TO  SUCH  LISTS,  SHALL 
STATE  THAT  THE  LISTS  DO  NOT  CONTAIN  THE  NAME 
OF  ANY  PERSON  WHO  REQUESTED,  DIRECTLY  OR  INDI- 
RECTLY, THAT  HIS  NAME  APPEAR  THEREON  AND  THAT 
IT  DOES  NOT  CONTAIN  THE  NAME  OF  ANY  ONE  WHO 
SERVED  AS  JUDGE  OR  CLERK  OF  THE  GENERAL  ELEC- 
TION IN  THE  YEAR  IN  WHICH  THE  LIST  IS  PREPARED. 
If  the  boundaries  of  any  voting  precinct  shall  be  changed,  it 
shall  be  the  duty  of  the  auditor,  in  making  the  apportionment  of 
grand  and  petit  jurors  and  talesmen  to  assign  to  the  new  voting 


86        JUDGES  OP  ELECTION  TO  SELE6T  JURORS 

precincts  the  total  number  of  grand  and  petit  jurors  and  tales- 
men to  which  all  the  former  precincts  affected  by  the  change  were 
entitled,  giving  to  each  new  precinct  an  equal  number  as  nearly 
as  possible.  [26  G.  A.,  ch.  61,  §  6;  C.  '73,  §  238;  E.,  §§  2727-8;  C. 
'51,  §§  1637-8.]  [29  G.  A.,  ch.  20,  §  1.]  [33  G.  A.,  ch.  21.] 

A  failure  to  record  the  names  returned  on  the  grand  jury  list  does  not 
invalidate  proceedings  of  the  grand  jury  drawn  therefrom.  State  v. 
Knight,  19-94;  State  v.  Howard,  10-101. 

Where  the  judges  of  election  and  county  canvassers  each  failed  to  make 
out  and  return  names  of  jurors  for  one  election  precinct,  but  two  names 
were  supplied  by  the  board  of  supervisors,  which  two  jurors,  however, 
were  not  drawn  upon  the  grand  jury,  held,  that  the  irregularity  did  not 
vitiate  an  indictment.  State  v.  Brandt,  41-593. 

No  formal  certificate  of  the  judges  to  the  lists  so  returned  is  necessary, 
though  it  would  be  proper.  Where  the  record  in  the  record  book  shows 
due  and  proper  selection,  the  presumption  is  that  such  record  was  the 
result  of  the  list  duly  made.  When  the  law  has  been  substantially  com- 
plied with,  an  indictment  should  not  be  set  aside  for  slight  irregularities 
in  such  matters.  State  v.  Ansaleme,  15-44. 

It  is  not  required  that  the  records  of  the  board  of  canvassers  shall  show 
that  the  selection  of  jurymen  was  made  for  precincts  from  which  no 
returns  were  sent  in.  State  v.  Carney,  20-82. 

A  substantial  compliance  with  the  provisions  of  the  law  relating  to  the 
selection  of  jurymen  is  all  that  is  required.  Ibid. 

Objections  to  a  juror  because  he  was  the  officer  at  the  election  required 
to  return  names  of  jurors,  and  requested  a  return  of  his  own  name,  can 
not  be  made  after  the  examination  of  the  jurors,  although  the  fact  is 
not  known  until  after  verdict.  In  re  Goldthorp's  Estate,  115-430. 

The  act  relating  to  selection  of  grand  jurors  which  took  effect  July  1, 
1895,  did  not  render  illegal  grand  jurors  which  had  already  been  selected 
for  the  year  under  the  old  law.  State  v.  Wiltsey,  103-54. 

While  the  law  requires  grand  jurors  to  be  electors  of  the  county,  it  does 
not  require  that  a  person  must  have  voted  or  that  his  name  be  found  upon 
the  poll  books,  to  make  him  eligible.  Therefore  a  showing!  that  the  sheriff 
was  unable  to  find  a  person  of  the  name  in  the  ward  or  city  from  which 
he  was  drawn,  or  that  the  county  auditor  could  find  no  such  name  on  the 
poll  books  does  not  show  that  the  juror  was  not  properly  selected.  State 
v.  Harris,  122-78. 

An  order  of  the  district  court  setting  aside  the  jury  list  for  irregulari- 
ties is  not  binding  on  persons  not  parties  to  the  proceedings.  Polk  County 
v.  District  Court,  133-710. 

It  is  a  ground  for  challenge  that  the  juror  has  expressly  requested 
that  his  name  be  placed  on  the  list  returned  and  the  fact  that  the  names 
of  all  the  members  of  the  election  board  in  any  precinct  are  placed  on 
the  list  and  returned  as  qualified  jurors  suggests  that  such  names  have 
been  returned  by  mutual  agreement  or  acquiescence  which  in  law  would 
amount  to  a  request  and  such  practice  is  to  be  condemned;  but  where 
it  appeared  that  only  two  persons  were  returned  who  are  members  of 
election  boards  and  those  were  from  different  districts  and  each  testified 
that  his  name  was  placed  on  the  list  and  returned  against  his  express 
wish  held  that  there  was  no  ground  to  complain  that  the  statute  had 
been  violated.  State  v.  Anderson,  140-445. 

Under  this  section  as  amended  the  fact  that  the  name  of  a  member 
of  an  election  board  appears  upon  a  jury  list  does  not  invalidate  an  in- 


THE  ELECTION  OP  PRESIDENTIAL,  ELECTORS  87 

dictment  returned  by  the  grand  jury  selected  from  such  list.  The  burden 
is  upon  one  who  objects  to  the  legality  of  the  jury  to  show  that  such 
person  sought  or  solicited  appointment.  State  v.  Clark,  141-297. 

The  district  court  has  no  doubt  inherent  power  to  set  aside  a  list  or 
panel  of  jurors  on  its  own  motion  whenever  it  shall  appear  that  a  legal 
grand  or  trial  jury  cannot  be  drawn  therefrom.  State  v.  Carter,  144-371. 


PART  IV 

DIVISION  3. 

THE  ELECTION  OF  PRESIDENTIAL  ELECTORS.* 

Section  1173.  Election  of.  At  the  general  election  in  the  years 
of  the  presidential  election,  or  at  such  other  times  as  the  congress 
of  the  United  States  may  direct,  there  shall  be  elected  by  the 
electors  of  the  state,  one  person  from  each  congressional  district 
into  which  the  state  is  divided,  as  elector  of  president  and  vice- 
president,  and  two  from  the  state  at  large,  no  one  of  whom  shall 
be  a  person  holding  the  office  of  senator  or  representative  in 
congress,  or  any  office  of  trust  or  profit  under  the  United  States. 
Such  election  shall  be  conducted,  and  the  canvass  of  the  votes 
and  the  returns  thereof  made,  in  the  same  manner  as  for  state 
officers  and  representatives  in  congress.  [16  G.  A.,  ch.  23 ;  C.  '73, 
§§  659,  660;  E.,  §§  535-6;  C.  '51,  §§  301-2.]  [28  G.  A.,  ch.  38,  §  1.] 

See  U.  S.  Const.,  Art.  II,  §  1. 

Sec.  1174.  Meeting — certificate.  The  presidential  electors  shall 
meet  in  the  capitol,  at  the  seat  of  government,  at  noon  of  the  sec- 
ond Monday  in  January  after  their  election,  or  so  soon  thereafter 
as  practicable.  If,  at  the  time  of  such  meeting,  any  elector  for 
any  cause  is  absent,  those  present  shall  at  once  proceed  to  elect, 
from  the  citizens  of  the  state,  a  substitute  elector  or  electors,  and 
certify  the  choice  so  made  to  the  governor,  and  he  shall  imme- 
diately cause  the  person  or  persons  so  selected  to  be  notified 
thereof.  [22  G.  A,  ch.  50;  C.  73,  §§  665-7;  E.,  §§  542-4;  C.  '51, 
§§  308-10.] 

Sec.  1175.  Certificate  of  governor.  When  so  met,  the  said 
electors  shall  proceed,  in  the  manner  pointed  out  by  law,  with  the 

""Chapter  111,  Acts  of  Thirty-fifth  fceneral  Assembly,  provides  for  a 
primary  election  for  the  election  of  delegates  and  alternates  to  the  national 
convention  for  party  national  committeeman  and  for  election  of  dele- 
gates to  county  conventions.  [See  §§  1087-a36  to  1087-a47,  Primary  Elec- 
tion Law.] 


88  USE  OP  VOTING  MACHINES 

election  and  the  governor  shall  duly  certify  the  result  thereof, 
under  the  seal  of  the  state,  to  the  United  States  secretary  of  state, 
and  as  required  by  act  of  congress  relating  to  such  elections.  [22 
G.  A.,  ch.  50;  C.  '73,  §  668;  R.,  §  545;  a  '51,  §  311.] 

Sec.  1176.  Compensation.  The  electors  shall  each  receive  a 
compensation  of  five  dollars  for  every  day's  attendance,  and  the 
same  mileage  as  members  of  the  general  assembly.  [C.  '73,  §  669 ; 
R.,  §  546 ;  C.  '51,  §  312.] 


PART  IV 

DIVISION  4. 
USE   OP   VOTING   MACHINES. 

Sec.  1137-a7.  Use  of  voting  machines  authorized.  That  at  all 
state,  county,  city,  town,  primary  and  township  elections,  here- 
after held  in  the  state  of  Iowa,  ballots  or  votes  may  be  cast,  reg- 
istered, recorded,  and  counted  by  means  of  voting  machines,  as 
hereinafter  provided.  [28  G.  A.,  ch.  37,  §  1.]  [33  G.  A.,  ch.  72.] 

Voting  by  a  machine  is  voting  by  ballot  within  the  constitutional  pro- 
visions, and  a  court  of  equity  has  no  authority  to  enjoin  the  use  of  a 
voting  machine  at  an  election,  the  right  to  vote  being  only  a  political  and 
not  a  civil  right.  United  States  Standard  Voting  Melt.  Co.  v.  Hobson, 
132-38. 

A  tax  payer  cannot  invoke  the  jurisdiction  of  a  court  of  equity  to 
restrain  the  performance  of  a  contract  by  the  board  of  supervisors  for 
the  purchase  of  voting  machines  on  the  ground  that  they  are  inefficient. 
Shoemaker  v.  Des  Moines,  129-244. 

A  voter  has  no  rigiht  which  a  court  of  equity  will  intervene  to  protect, 
with  reference  to  the  right  to  cast  his  ballot.  Ibid, 

Sec.  1137-a8.  Board  of  supervisors  to  purchase,  etc.  Hereafter 
the  board  of  county  supervisors  of  any  county,  or  the  council  of 
any  incorporated  city  or  town,  in  the  state  of  Iowa  may,  by  a  two- 
thirds  vote,  authorize,  purchase,  and  order  the  use  of  voting 
machines  in  any  one  or  more  voting  precincts  within  said  county, 
city,  or  town,  until  otherwise  ordered  by  said  board  of  county 
supervisors  or  city  or  town  council.  [28  G.  A.,  ch.  37,  §  2.] 

Sec.  1137-a9.  Commissioners — term — removal.  Within  thirty 
days  after  this  act  goes  into  effect,  the  governor  shall  appoint 
three  commissioners  and  not  more  than  two  of  whom  shall  be 
from  the  same  political  party.  The  said  commissioners  shall  hold 
office  for  the  term  of  five  years,  subject  to  removal  at  the  pleasure 
of  the  governor.  [28  G.  A.,  ch,  37,  §  3,] 


USE  OP  VOTING  MACHINES  89 

Sec.  1137-alO.  Examination!  of  machines-report  of  commis- 
sionera— compensation.  Any  person  p£  Corporation  pwning  or 
being  interested  in  any  voting  machine  may  call  upon  the  said 
commissioners  to  examine  the  said  machine,  and  make  report  to 
the  secretary  of  state  upon  the  capacity  of  the  said  machine  to 
register  the  will  of  voters,  its  accuracy  and  efficiency,  and  with  re- 
spect to  its  mechanical  perfections  and  imperfections.  Their  re- 
port shall  be  filed  in  the  office  of  the  secretary  of  state  and  shall 
state  whether  in  their  opinion  the  kind  of  machine  so  examined 
can  be  safely  used  by  such  voters  at  elections  under  the  conditions 
prescribed  in  this  act.  If  the  report  states  that  the  machine  can  be 
so  used,  it  shall  be  deemed  approved  by  the  commissioners,  and 
machines  of  its  kind  may  be  adopted  for  use  at  elections  as  herein 
provided.  Any  form  of  voting  machine  not  so  approved  cannot 
be  used  at  any  election.  Each  commissioner  is  entitled  to  one  hun- 
dred and  fifty  dollars  for  his  compensation  and  expenses  in  mak- 
ing such  examination  and  report,  to  be  paid  by  the  person  or  cor- 
poration applying  for  such  examination.  No  commissioner  shall 
have  any  interest  whatever  in  any  machine  reported  upon.  Pro- 
vided, that  said  commissioner  shall  not  receive  to  exceed  fifteen 
hundred  dollars  and  reasonable  expenses  in  any  one  year ;  and  all 
sums  collected  for  such  examinations  over  and  above  said  maxi- 
mum salaries  and  expenses  shall  be  turned  into  the  state  treasury. 
[28  G.  A.,  ch.  37,  §  4.] 

Sec.  1137-all.  Provisions  as  to  the  construction  of  machine  ap- 
proved. A  voting  machine  approved  by  the  state  board  of  voting 
machine  commissioners  must  be  so  constructed  as  to  provide  facil- 
ities for  voting  for  the  candidates  of  at  least  seven  different  par- 
ties or  organizations,  must  permit  a  voter  to  vote  for  any  person 
for  any  office  although  not  nominated  as  a  candidate  by  any  party 
or  organization,  and  must  permit  voting  in  absolute  secrecy.  It 
must  also  be  so  constructed  as  to  prevent  voting  for  more  than 
one  person  for  the  same  office,  except  where  the  voter  is  lawfully 
entitled  to  vote  for  more  than  one  person  for  that  office;  and  it 
must  afford  him  an  opportunity  to  vote  for  any  or  all  persons  for 
that  office  as  he  is  by  law  entitled  to  vote  for  and  no  more,  at  the 
same  time  preventing  his  voting  for  the  same  person  twice.  It 
may  also  be  provided  with  one  ballot  in  each  party  column  or 
row  containing  only  the  words  ''presidential  electors"  preceded 
by  the  party  name,  and  a  vote  for  such  ballot  shall  operate  as  a 
vote  for  all  the  candidates  «f  such  party  ftr  presidential  electors. 


90  USE  OP  VOTING  MACHINES 

Such  machine  shall  be  so  constructed  as  to  accurately  account  for 
every  vote  cast  upon  it.  [28  G.  A.,  eh.  37,  §  5.] 

Sec.  1137-al2.  Experimental  use.  The  board  of  supervisors  of 
any  county,  the  council  of  any  city  or  town,  may  provide  for  the 
experimental  use  at  an  election  in  one  or  more  districts,  of  a  ma- 
chine which  it  might  lawfully  adopt,  without  a  formal  adoption 
thereof ;  and  its  use  at  such  election  shall  be  as  valid  for  all  pur- 
poses as  if  it  had  been  lawfully  adopted.  [28  G.  A.,  ch.  37,  §  6.] 

Sec.  1137-al3.  Duties  of  local  authorities.  The  local  authori- 
ties adopting  a  voting  machine  shall,  as  soon  as  practicable  there- 
after, provide  for  each  polling  place  one  or  more  voting  machines 
in  complete  working  order,  and  shall  thereafter  keep  them  in  re- 
pair, and  shall  have  the  custody  thereof  and  of  the  furniture  and 
equipment  of  the  polling  place  when  not  in  use  at  an  election.  If 
it  shall  be  impracticable  to  supply  each  and  every  election  district 
with  a  voting  machine  or  voting  machines  at  any  election  follow- 
ing such  adoption,  as  many  may  be  supplied  as  it  is  practicable 
to  procure,  and  the  same  may  be  used  in  such  election  district  or 
districts  within  the  county,  city,  or  town  as  the  officers  adopting 
the  same  may  direct.  [28  G.  A.,  ch.  37,  §  7.] 

Sec.  1137-al4.    Bonds,  certificates  of  indebtedness,  etc.     The 

local  authorities,  on  the  adoption  and  purchase  of  a  voting  ma- 
chine, may  provide  for  the  payment  therefor  in  such  manner  as 
they  may  deem  for  the  best  interest  of  the  locality,  and  may  for 
that  purpose  issue  bonds,  certificates  of  indebtedness,  or  other 
obligations  which  shall  be  a  charge  on  the  county,  city,  or  town. 
Such  bonds,  certificates^  or  other  obligations  may  be  issued  with 
or  without  interest,  payable  at  such  time  or  times  as  the  authori- 
ties may  determine,  but  shall  not  be  issued  or  sold  at  less  than 
par.  [28  G.  A.,  ch.  37,  §  8.] 

The  county  is  given  authority  to  issue  bonds  in  the  purchase  of  voting 
machines,  with  or  without  interest,  payable  at  such  time  as  may  seem 
best.  Impliedly  it  has  the  power  to  make  such  bonds  negotiable  in 
form  and  effect.  Security  Trust  Company  v.  Des  Moines  County,  (C.  C.), 
198  Fed.,  331. 

Sec.  1137-al5.  Ballots— form.  All  ballots  shall  be  printed  in 
black  ink  on  clear,  white  material,  of  such  size  as  will  fit  the  ballot 
frame,  and  in  plain,  clear  type  as  the  space  will  reasonably  permit. 
The  party  name  for  each  political  party  represented  on  the  ma- 
chine shall  be  prefixed  to  the  list  of  candidates  of  such  party.  The 
order  of  the  list  of  candidates  of  the  several  parties  or  organiza- 
tions shall  be  arranged  as  provided  in  section  eleven  hundred  and 


USE  OF  VOTING  MACHINES  91 

six  (1106)  of  the  code,  except  that  the  lists  may  be  arranged  in 
horizontal  rows  or  vertical  columns.     [28  G.  A.,  ch.  37,  §  9.] 

Sec.  1137-al6.  Sample  ballots.  The  officers  or  board  charged 
with  the  duty  of  providing  ballots  for  any  polling-place  shall  pro- 
vide therefor  two  sample  ballots,  which  shall  be  arranged  in  the 
form  of  a  diagram  showing  the  entire  front  of  the  voting  machine 
as  it  will  appear  after  the  official  ballots  are  arranged  for  voting 
on  election  day.  Such  sample  ballots  shall  be  open  to  public  in- 
spection at  such  polling-place  during  the  day  of  election  and  the 
day  next  preceding  election  day.  [28  G.  A.,  ch.  37,  §  10.] 

Sec.  1137-al7.  Two  sets  of  ballots.  Two  sets  of  ballots  shall 
be  provided  for  each  polling-place  for  each  election  for  use  in  the 
voting  machine.  [28  G.  A.,  ch.  37,  §  11.] 

Sec.  1137-al8.  Delivery  of  ballots.  The  ballots  and  stationery 
shall  be  delivered  to  the  election  board  of  each  election  district 
before  ten  o'clock  in  the  forenoon  of  the  day  next  preceding  the 
election.  [28  G.  A.,  ch.  37,  §  12.] 

Sec.  1137-al9.  Duties  of  election  officers — independent  ballots. 
The  judges  of  election  and  clerks  of  each  district  shall  meet  at  the 
polling-place  therein,  at  least  three-quarters  of  an  hour  before  the 
time  set  for  the  opening  of  the  polls  at  each  election,  and  shall 
proceed  to  arrange  within  the  guard-rail  the  furniture,  stationery, 
and  voting  machines  for  the  conduct  of  the  election.  The  judges 
of  election  shall  then  and  there  have  the  voting  machine,  ballots, 
and  stationery  required  to  be  delivered  to  them  for  such  election ; 
and,  if  it  be  an  election  at  which  registered  voters  only  can  vote, 
the  registry  of  such  electors  required  to  be  made  and  kept  there- 
for. The  judges  shall  thereupon  cause  at  least  two  instruction 
cards  to  be  posted  conspicuously  within  the  polling-place.  If  not 
previously  done,  they  shall  arrange  in  their  proper  place  on  the 
voting  machine,  the  ballots  containing  the  names  of  the  offices  to 
be  filled  at  such  election,  and  the  names  of  the  candidates  nomi- 
nated therefor.  If  not  previously  done,  the  machine  shall  be  so 
arranged  as  to  show  that  no  vote  has  been  cast,  and  the  same  shall 
not  be  thereafter  operated,  except  by  electors  in  voting.  Before 
the  polls  are  open  for  election,  each  judge  shall  carefully  examine 
every  machine  and  see  that  no  vote  has  been  cast,  and  the  same 
shall  be  subject  to  inspection  of  the  election  officers.  Ballots 
voted  for  any  person,  whose  name  does  not  appear  on  the  machine 
as  a  nominated  candidate  for  office,  are  herein  referred  to  as  in- 
dependent ballots.  When  two  or  more  persons  are  to  be  elected 


92  USE  OF  VOTING  MACHINES 

to  the  same  office,  and  the  machine  requires  that  all  independent 
ballots  voted  for  that  office  be  deposited  in  a  single  receptacle  or 
device,  an  elector  may  vote  in  or  by  such  receptacle  or  device 
for  one  or  more  persons  whose  names  do  not  appear  upon  the  ma- 
chine with  or  without  the  names  of  one  or  more  persons  whose 
names  do  so  appear.  With  that  exception,  and  except  for  presi- 
dential electors,  no  independent  ballot  shall  be  voted  for  any  per- 
son for  any  office  whose  name  appears  on  the  machine  as  a  nomi- 
nated candidate  for  that  office;  any  independent  ballot  so  voted 
shall  not  be  counted.  An  independent  ballot  must  be  cast  in  its 
appropriate  place  on  the  machine,  or  it  shall  be  void  and  not 
counted.  [28  G.  A.,  ch.  37,  §  13.] 

Sec.  1137-a20.  Voting  machine  in  plain  view — guard-rail.  The 
exterior  of  the  voting  machine  and  every  part  of  the  polling-place 
shall  be  in  plain  view  of  the  election  officers.  The  voting  machine 
shall  be  placed  at  least  three  feet  from  every  wall  and  partition 
of  the  polling-place,  and  at  least  three  feet  from  the  guard-rail, 
and  at  least  four  feet  from  the  clerk's  table.  A  guard-rail  shall 
be  constructed  at  least  three  feet  from  the  machine,  with  openings 
to  admit  electors  to  and  from  the  machine.  [28  G.  A.,  ch.  37,  §  14.] 

Sec.  1137-a21.  Method  of  voting.  After  the  openings  of  the 
polls,  the  judges  shall  not  allow  any  voter  to  pass  within  the 
guard-rail  until  they  ascertain  that  he  is  duly  entitled  to  vote. 
Only  one  voter  at  a  time  shall  be  permitted  to  pass  within  the 
guard-rail  to  vote.  The  operating  of  the  voting  machine  by  the 
elector  while  voting  shall  be  secret  and  obscured  from  all  other 
persons  except  as  provided  by  this  chapter  in  cases  of  voting  by 
assisted  electors.  No  voter  shall  remain  within  the  voting  machine 
booth  longer  than  one  minute,  and  if  he  shall  refuse  to  leave  it 
after  the  lapse  of  one  minute,  he  shall  be  removed  by  the  judges. 
[28  G.  A.,  ch.  37,  §  15.] 

Sec.  1137-a22.  Additional  instructions.  In  case  any  elector 
after  entering  the  voting  machine  booth  shall  ask  for  further  in- 
structions concerning  the  manner  of  voting,  two  judges  of  oppo- 
site political  parties  shall  give  such  instructions  to  him;  but  no 
judge  or  other  election  officer  or  person  assisting  an  elector  shall 
in  any  manner  request,  suggest,  or  seek  to  persuade  or  induce  any 
such  elector  to  vote  any  particular  ticket,  or  for  any  particular 
candidate,  or  for  or  against  any  particulap  amendment,  question, 
@f  proposition.  After  receiving  such  instructions,  such  elector 
shall  vote  as  in  the  case  of  an  unassisted  voter.  [28  G.  A.,  ch. 
37,  §  16.] 


USE  OF  VOTING  MACHINES  93 

Sec.  1137-a23.  Injury  to  the  machine.  No  voter,  or  other  per- 
son, shall  deface  or  injure  the  voting  machine  or  the  ballot  there- 
on. It  shall  be  the  duty  of  the  judges  to  enforce  the  provisions 
of  this  section.  During  the  entire  period  of  an  election,  at  least 
one  of  their  number,  designated  by  them  from  time  to  time,  shall 
be  stationed  beside  the  entrance  to  the  booth  and  shall  see  that  it 
is  properly  closed  after  a  voter  has  entered  it  to  vote.  He  shall 
also,  at  such  intervals  as  he  may  deem  proper  or  necessary,  ex- 
amine the  face  of  the  machine  to  ascertain  whether  it  has  been 
defaced,  or  injured,  to  detect  the  wrong-doer  and  to  repair  any 
injury.  [28  G.  A.,  ch.  37,  §  17.] 

Sec.  1137-a24.  Canvass  of  vote.  As  soon  as  the  polls  of  the 
election  are  closed,  the  judges  of  the  election  thereat  shall  im- 
mediately lock  the  voting  machine  against  voting  and  open  the 
counting  compartments  in  the  presence  of  all  persons  who  may  be 
lawfully  within  the  polling-place,  and  proceed  to  canvass  the 
vote.  [28  G.  A.,  ch.  37,  §  18.] 

Sec.  1137-a25.  Judges  to  lock  machine.  The  judges  of  election 
shall,  as  soon  as  the  count  is  completed  and  fully  ascertained  as 
in  this  act  required,  lock  the  machine  against  voting,  and  it  shall 
so  remain  for  the  period  of  thirty  days.  Whenever  independent 
ballots  have  been  voted,  the  judges  shall  return  all  of  such  ballots 
properly  secured  in  a  sealed  package  as  prescribed  by  section 
eleven  hundred  and  forty-two  (1142)  of  the  code.  [28  G.  A.,  ch. 
37,  §  19.] 

Sec.  1137-a26.  Written  statements  of  election.  After  the  total 
vote  for  each  candidate  has  been  ascertained,  and  before  leaving 
the  room  or  voting-place,  the  judges  shall  make  and  sign  written 
statements  of  election,  as  required  by  the  election  laws  now  in 
force,  except  that  such  statements  of  the  canvass  need  not  contain 
any  ballots  except  the  independent  ballots  as  herein  provided.  [28 
G.  A.,  ch.  37,  §  20.] 

Sec.  1137-a27.  What  statutes  apply.  All  of  the  provisions  of 
the  election  law  now  in  force  and  not  inconsistent  with  the  pro- 
visions of  this  act  shall  apply  with  full  force  to  all  counties,  cities, 
and  towns  adopting  the  use  of  voting  machines.  Nothing  in  this 
act  shall  be  construed  as  prohibiting  the  use  of  a  separate  ballot 
for  constitutional  amendments  and  other  public  measures.  [28 
G.  A.,  ch.  37,  §  21.] 


PART  V 

THE  CANVASS  OP  VOTES. 

DIVISION  I. 
CANVASS  BY  THE  JUDGES  OP  ELECTION. 

Section  1138.  By  judges.  When  the  poll  is  closed,  the  judges 
of  election  shall  forthwith,  and  without  adjournment,  canvass  the 
vote  and  ascertain  the  result  of  it,  comparing  the  poll  lists  and 
correcting  errors  therein.  Each  clerk  shall  keep  a  tally  list  of  the 
count.  The  canvass  shall  be  public,  and  each  candidate  shall  re- 
ceive credit  for  the  number  of  votes  counted  for  him.  The  candi- 
date receiving  the  highest  number  of  votes,  if  for  an  office  in  that 
precinct  alone,  shall  be  declared  elected,  and  judges  shall  issue 
certificates  accordingly.  [C.  '73,  §§  622-3,  626;  E.,  §§  496-7,  501; 
C.  '51,  §§  261-2,  266.] 

Sec.  1139.  Defective  ballots.  If  two  or  more  marked  ballots 
are  so  folded  together  as  to  appear  to  be  cast  as  one,  the  judges 
shall  indorse  thereon  "rejected  as  double."  Such  ballots  shall 
not  be  counted,  but  shall  be  folded  together  and  kept  as  herein- 
after directed.  Every  ballot  not  counted  shall  be  indorsed  "de- 
fective" on  the  back  thereof.  Every  ballot  objected  to  by  a  judge 
or  challenger,  but  counted,  shall  be  indorsed  on  the  back  thereof, 
"objected  to,"  and  there  shall  also  be  indorsed  thereon,  and 
signed  by  the  judges,  a  statement  as  to  how  it  was  counted.  All 
ballots  indorsed  as  required  by  this  section  shall  be  inclosed  and 
securely  sealed  in  an  envelope,  on  which  the  judges  shall  indorse 
* '  disputed  ballots, ' '  with  a  statement  of  the  precinct  in  which,  and 
date  of  the  election  at  which,  they  were  cast,  signed  by  the  judges. 
[24  G.  A.,  ch.  33,  §  25;  C.  '73,  §  623;  R.,  §  497;  C.  '51,  §  262.] 

Sec.  1140.  Excess  of  ballots.  If  the  ballots  for  any  officer  ex- 
ceed the  number  of  the  voters  in  the  poll  lists,  such  fact  shall 
be  certified,  with  the  number  of  the  excess,  in  the  return,  and  if 
the  vote  of  the  precinct  where  the  error  occurred  would  change 
the  result  as  to  a  county  officer,  if  the  person  appearing  to  be 
elected  were  deprived  of  so  many  votes,  then  the  election  shall  be 
set  aside  as  to  him  in  that  precinct,  and  a  new  election  ordered 
therein ;  but  no  person  residing  in  another  precinct  at  the  time  of 


CANVASS  BY  THE  JUDGES  OP  ELECTION  95 

the  general  election  shall  be  allowed  to  vote  at  such  special  elec- 
tion. If  the  error  occurs  in  relation  to  a  township  officer,  the 
trustees  may  order  a  new  election  or  not,  in  their  discretion.  If 
the  error  be  in  relation  to  a  district  or  state  officer,  it,  with  the 
number  of  the  excess,  shall  be  certified  to  the  state  canvassers, 
and  if  the  error  would  affect  the  result,  a  new  vote  shall  be  or- 
dered in  the  precinct  where  the  error  happened,  and  the  canvass 
be  suspended  until  such  new  vote  is  taken  and  returned.  When 
there  is  a  tie  vote  and  such  an  excess,  there  shall  be  a  new  election. 
[C.  '73,  §  627;  R.,  §  498;  C.  '51,  §  263.] 

The  meaning  of  the  word  "error"  as  here  used  would  be  more  accu- 
rately expressed  by  the  use  of  the  word  "excess."  The  supervisors  should 
not  order  a  new  election  for  a  county  officer  unless  it  appears  that  there 
is  an  excess  of  ballots  as  to  that  office.  Rankin  v.  Pitkin,  50-313. 

Evidence  as  to  a  mistake  in  a  count  of  the  ballots  as  to  one  candidate 
is  immaterial  upon  the  question  as  to  whether  there  was  a  mistake  in  the 
count  as  to  another  candidate.  Mclntosli  v.  Livingston,  41-219. 

Sec.  1141.  Return  of  ballots  not  voted.  Ballots  not  voted,  or 
spoiled  by  voters  while  attempting  to  vote,  shall  be  returned  by 
the  judges  of  election  to  the  officer  or  authorities  charged  with 
their  printing  and  distribution,  and  a  receipt  taken  therefor,  and 
they  shall  be  preserved  for  six  months.  Such  officer  shall  keep  a 
record  of  the  number  of  ballots  delivered  from  each  polling  place, 
the  name  of  the  person  to  whom,  and  the  time  when,  delivered, 
and  enter  upon  such  record  the  number  and  character  of  the 
ballots  returned,  with  the  time  when  and  the  person  by  whom 
they  are  returned.  [24  G.  A.,  ch.  33,  §  25.] 

Sec.  1142.  Proclamation  of  result— preservation  of  ballots. 
When  the  canvass  is  completed,  the  clerks  shall  announce  to  the 
judges  the  total  number  of  votes  received  by  each  candidate.  One 
or  more  of  their  number  shall  then  proclaim  in  a  loud  voice  the 
total  number  of  votes  received  by  each  of  the  persons  voted  for, 
and  the  office  for  which  he  is  designated,  as  announced  by  said 
clerks,  and  the  number  of  votes  for,  and  the  number  of  votes 
against,  any  proposition  which  shall  have  been  submitted  to  a 
vote  of  the  people.  Immediately  after  making  such  proclamation, 
and  before  separating,  the  judges  shall  fold  in  two  folds,  and 
string  closely  upon  a  single  piece  of  flexible  wire,  all  ballots 
which  have  been  counted  by  them,  except  those  indorsed  "re- 
jected as  double,"  "defective,"  or  "objected  to,"  unite  the  ends 
of  such  wire  in  a  firm  knot,  seal  the  knot  in  such  a  manner  that 
it  cannot  be  untied  without  breaking  the  seal,  inclose  the  ballots 
so  strung  in  an  envelope,  and  securely  seal  such  envelope.  The 
judges  shall  at  once  return  all  the  ballots  to  the  officer  from  whom 


96         CANVASS  BY  THE  JUDGES  OP  ELECTION 

thgy  wej$  re,gejveql,  who  shall  carefully  preserve  them  for  six 
months,     [Same,  Q,  ;73,  §  630,] 

Where  the  ballots  are  preserved  as  here  required  they  are  prima  facie 
admissible  in  evidence  in  a  contest  as  to  the  result  of  the  election,  but 
the  opposite  party  may  overcome  this  prima  facie  showing  by  proof  of  the 
alteration  of  the  ballots  after  they  were  counted  and  it  is  not  necessary 
that  such  alteration  be  pleaded  in  the  proceedings  under  the  contest. 
Ferguson  v.  Henry,  64  N.  W.,  292.  95-439. 

The  poll  books  and  the  registration  lists  prepared  as  provided  by  law 
furnish  the  best  evidence  as  to  who  casts  ballots  at  the  election.  So  held 
where  the  question  was  as  to  the  sufficiency  of  the  petition  of  consent 
under  the  mulct  tax  law.  Stale  v.  Pressman,  103-449. 

The  law  provides  for  the  strictest  vigilance  in  the  care  and  preserva- 
tion of  the  ballots,  and  where  it  appears  that  these  precautions  have  not 
been  observed  and  there  has  been  opportunity  to  tamper  with  them  they 
will  not  be  considered  in  an  election  contest  for  the  purpose  of  over- 
throwing the  result  of  the  canvass  by  the  proper  officers.  Davenport  v. 
Olerich,  104-194. 

The  duty  of  preserving  the  ballots  is  not  a  negative  one  of  non-interfer- 
ence, but  a  positive  requirement  to  do  whatever  may  be  necessary  in  order 
to  accomplish  the  purposes  of  the  law  in  keeping  them  inviolate.  Ibid. 

The  ballots  when  properly  authenticated  afford  the  very  best  evidence 
of  who  has  been  chosen  by  the  electors  to  an  office,  but  in  order  that  the 
result  of  the  canvass  shall  be  overturned  by  the  evidence  of  such  ballots 
it  must  appear  that  they  have  been  preserved  with  the  care  which  pre- 
cludes the  suspicion  of  having  been  tampered  with  and  the  opportunity 
of  alteration  or  change,  and  in  a  particular  case,  held  that  it  appeared 
that  there  had  been  such  opportunity  for  tampering  with  the  ballots  that 
they  should  not  be  considered  for  the  purpose  of  overturning  the  result 
as  announced  by  the  canvassing  board. 


The  ballots  should  be  preserved  in  such  way  as  not  to  afford  a  reason- 
able possibility  of  their  having  been  changed  or  tampered  with  by  unau- 
thorized persons.  Mentzer  v.  Davis,  109-528. 

As  the  manner  and  mode  of  preservation  of  ballots  has  been  enjoined 
by  statute,  a  substantial  compliance  therewith  must  be  shown  preliminary 
to  the  introduction  of  the  ballots  in  evidence.  This  preliminary  proof, 
unless  waived,  is  essential  to  the  competency  of  the  ballots  as  evidence 
for  any  purpose  as  against  the  official  count,  and  no  averment  in  the 
pleading  is  required  as  a  basis  for  an  objection  to  their  competency.  De- 
Long  v.  Brown,  113-370. 

The  question  of  the  competency  of  the  ballots  as  evidence  is  one  of 
fact  to  be  determined  by  the  trial  court.  Ibid. 

Where  it  appeared  that  the  ballots  had  been  so  kept  that  they  might 
have  been  tampered  with,  held  that  they  were  not  admissible.  Ibid. 

The  fact  that  the  ballots  are  in  the  custody  of  one  acting  as  deputy 
auditor  de  factc,  but  not  dc  jure,  will  not  prevent  their  being  received  in 
evidence  in  an  election  contest.  Murphy  v.  Lentz,  131-328. 

The  provisions  as  to  the  folding,  wiring  and  sealing  of  the  ballots  by 
the  election  officers  are  directory  in  character,  and  mere  irregularities 
will  not  prevent  such  ballots  from  being  admissible  in  evidence  in  an 
election  contest.  Ibid. 

The  provisions  of  the  statute  with  reference  to  the  conduct  of  election 
officers  upon  whom  duties  are  enjoined,  are  mandatory;  but  as  to  the 
particular  methods  of  preserving  the  ballots  they  are  directory  only.  Ibid. 

Before  the  ballots  are  admissible  as  evidence  in  a  case  of  contest  it 
must  be  made  to  appear  affirmatively  by  the  contestants  that  they  have 


CANVASS  BY  THE  JUDGES  OF  ELECTION  97 

been  preserved  in  the  method  required  by  statute;  and  where  it  appears 
that  the  custodian  of  ballots  was  personally  interested  in  the  result  of 
the  election  his  interest  is  a  proper  matter  of  consideration  in  determin- 
ing whether  they  have  been  properly  preserved.  Doak  v.  Briggs,  139-520. 

Sec.  1143.  Destruction  of  ballots.  The  parties  to  any  contested 
election  shall  have  the  right,  in  open  session  of  the  court  or  tribu- 
nal trying  the  contest,  and  in  the  presence  of  the  officer  having 
them  in  custody,  to  have  the  ballots  opened,  and  all  errors  of  the 
judges  in  counting  or  refusing  to  count  ballots  corrected  by  such 
court  or  tribunal.  If  at  the  expiration  of  six  months  no  contest 
is  pending,  the  officer  having  the  ballots  in  custody,  without 
opening  the  package  in  which  they  have  been  inclosed,  shall,  in 
the  presence  of  two  electors  to  be  designated  by  the  chairman  of 
the  board  of  supervisors,  one  each  from  the  two  leading  political 
parties,  or,  in  municipal  elections,  by  the  mayor  of  the  city  or 
town  in  which  they  are  kept,  destroy  the  same  by  burning,  pro- 
vided, however,  that  the  ballots  cast  at  a  primary  election  shall, 
where  no  contest  is  pending,  be  destroyed  ten  days  prior  to  the 
holding  of  the  general  election  following  the  primary  election  at 
which  said  ballots  were  cast.  If  a  contest  is  pending,  the  ballots 
shall  be  kept  until  the  same  is  finally  determined,  and  then  so  de- 
stroyed. [24  G.  A.,  ch.  33,  §  25.]  [33  G.  A.,  ch.  73.] 

Sec.  1144.  Return  of  board.  A  return  shall  be  made  in  each 
poll  book,  giving,  in  words  written  at  length,  the  whole  number 
of  ballots  cast  for  each  officer,  except  those  rejected,  the  name  of 
each  person  voted  for,  and  the  number  of  votes  given  to  each 
person  for  each  different  office;  which  return  shall  be  signed  by 
the  judges,  and  be  substantially  as  follows : 

At  an  election  at  the  house  of in township,  or  in 

precinct  of township,  in county,  state  of  Iowa, 

on  the day  of .__...,  A.  D ,  there  were bal- 
lots cast  for  the  office  of  (governor),  of  which 

A B had votes. 

C D had votes. 

(And  in  the  same  manner  for  any  other  officer.) 
A  true  return  L —      — M— 

N 0 r     Judges  of  election. 

P. Q J 

Attest:  J S J  Clerks  of  Election. 

[19  G.  A.,  ch.  163,  §  14;  C.  '73,  §§  628,  661;  R.,  §§  502,  537;  C.  '51, 
§§  261,  303.] 
7 


98  CANVASS  BY  THE  JUDGES  OP  ELECTION 

It  is  mot  fatal  to  the  certificate  that  it  does  not  contain  full  particulars 
of  time  and  place.  The  caption  and  the  certificate  may  be  taken  together. 
Dishon  v.  Smith,  10-212. 

While  the  canvassers  cannot  adjudicate  upon  the  sufficiency  of  returns, 
where  the  case  comes  into  a  court  of  justice  the  court  or  jury  trying  it 
may  go  behind  the  returns  and  even  behind  the  ballot-box  in  some  cases. 

ma. 

Sec.  1145.  Poll  books  returned  and  preserved.  One  of  the  poll 
books  containing  such  return,  with  the  register  of  election  at- 
tached thereto,  shall  be  delivered  by  one  of  the  judges  of  elec- 
tion, within  two  days,  to  the  county  auditor.  In  township  pre- 
cincts, the  other  of  said  poll  books,  with  the  register  of  election 
attached,  shall  be  delivered  by  one  of  the  judges  of  election  to 
the  township  clerk.  In  city  precincts,  the  other  of  said  poll  books, 
with  register  of  election  attached,  shall  be  delivered  by  one  of  the 
judges  of  election  to  the  city  clerk.  In  town  elections,  the  other 
of  said  poll  books,  with  register  of  election  attached,  shall  be 
delivered  by  one  of  the  judges  of  election  to  the  town  clerk.  In 
each  case,  the  receiving  officer  shall  file  said  books,  and  the  reg- 
istry books  and  lists  and  other  papers  pertaining  to  registration, 
in  his  office,  and  preserve  the  same  for  eighteen  months,  or  until 
the  determination  of  any  contest  then  pending,  after  which  they 
shall  be" destroyed.  [22  G.  A.,  ch.  48,  §  6;  C.  '73,  §§  503,  629;  R., 
§§  333,  503,  1131;  C.  '51,  §  268.] 

Previous  to  the  time  when  the  poll  books  are  directed  to  be  destroyed 
they  may  be  used  by  the  board  of  supervisors  in  determining  whether 
the  number  of  signers  to  a  petition  of  consent  for  the  sale  of  intoxicating 
liquors  is  sufiicient.  Cameron  v.  Fellows,  109-534. 

Where  the  poll  books  have  not  been  destroyed,  by  reason  of  the  com- 
mencement of  some  legal  proceeding;  involving  their  use  in  evidence,  they 
are  admissible  in  evidence  after  the  expiration  of  the  time  wlhen,  in  the 
usual  course,  they  would  have  been  destroyed.  Reed  v.  Jugenheimer,  118- 
610. 

In  determining  the  sufficiency  of  signatures  to  a  statement  of  consent 
for  the  sale  of  intoxicating  liquors  as  provided  in  code  sec.  2448,  the 
poll  books  filed  with  the  auditor  and  not  those  filed  with  the  township, 
city,  or  town  clerk  are  to  be  considered.  In  re  consent  to  sell  intoxicat- 
ing liquors;  De  Board  v.  Williams,  155-149. 

In  the  case  of  a  city  election  one  of  the  poll  books  is  to  be  delivered 
within  two  days  by  one  of  the  judges  to  the  county  auditor  and  the 
other  to  the  city  clerk.  Jackman  v.  Board  of  Supervisors,  156-620. 


PART  V 

DIVISION  2. 

CANVASS  BY  TOWNS  AND  TOWNSHIP  OFFICERS. 

Sec.  1146.  Canvass  of  returns  from  precincts.  If  there  are  two 
or  more  precincts  in  any  township,  city  or  ward,  the  trustees  and 
clerk,  or  the  mayor  and  clerk,  as  the  case  may  be,  shall,  on  the 
day  after  the  election,  meet  and  canvass  the  returns  from  all  pre- 
cincts for  votes  cast  for  officers  to  be  elected  by  such  township, 
city  or  ward.  The  returns  shall  be  opened  in  the  presence  of  all 
the  canvassers,  and  an  abstract  of  votes  made  and  signed  by 
them,  and  the  result  declared,  and  a  certificate  of  election  signed 
by  them  given  the  candidates  elected.  If  the  mayor  shall  have 
been  a  candidate  at  such  election,  a  justice  of  the  peace  of  the 
county,  selected  by  the  clerk,  shall  act  with  him  in  making  the 
canvass.  [C.  '73,  §§  502-3,  631;  R.,  §  1131.] 

The  board  of  supervisors  and  not  the  township  trustees  have  authority 
to  canvass  the  ballots  for  justice  of  the  peace  (see  §  1150).  Lynch  v.  Ver- 
mazen,  61-76. 

Sec.  1147.  Township,  city  and  town  officers  notified.  Notice 
of  the  result  of  the  election  of  the  township,  city  and  town  offi- 
cers shall  be  given  by  the  township,  city  or  town  clerk,  as  the 
case  may  be,  within  five  days  thereafter,  by  posting,  in  three 
public  places  in  the  township,  town  or  city,  notices  containing  the 
names  of  persons  declared  elected,  and  requiring  each  of  them  to 
appear  before  the  proper  officer  and  qualify  according  to  law. 
[C.  73,  §  633;  R.,  §  548;  C.  '51,  §  317.] 


PART  V 

DIVISION  3. 
CANVASS  BY  BOARD  OF  SUPERVISORS. 

Sec.  1148.  Returns  from  precincts  secured.  If  the  returns 
from  all  the  precincts  are  not  made  to  the  county  auditor  by  the 
third  day  after  the  election,  on  the  fourth  he  shall  send  mes- 
sengers to  obtain  such  of  them  as  are  wanting,  the  expense  of 


100          CANVASS  BY  BOARD  OP  SUPERVISORS 

• 

which  shall  be  paid  by  the  county.     [C.  '73,  §  634 ;  R.,  §  505 ;  C. 

'51,  §  270.] 

Sec.  1149.  Canvass  by  board  of  supervisors.  At  their  meet- 
ing on  the  Monday  after  the  general  election,  at  twelve  o'clock, 
noon,  the  board  of  supervisors  shall  open  and  canvass  the  returns, 
and  make  abstracts,  stating,  in  words  written  at  length,  the  num- 
ber of  ballots  cast  in  the  county  for  each  office,  the  name  of  each 
person  voted  for,  and  the  number  of  votes  given  to  each  person 
for  each  different  office.  [19  G.  A.,  ch.  163,  §  14;  C.  '73,  §§  632, 
662;  R.,  §§  335,  506,  538-9;  C.  '51,  §§  271,  304-5.] 

Returns:  The  action  of  the  board  in  canvassing  returns  is  minis- 
terial rather  than  judicial.  Nor  is  there  any  discretion  to  he  exercised. 
The  hoard  has  no  authority  to  judge  of  the  validity  of  returns  or  of 
votes.  Its  duty  is  to  receive  the  returns  and  count  them,  provided  they 
are  sufficiently  proved  to  he  such,  although  irregular.  (So  held  in  regard 
to  the  canvass  of  votes  at  special  election  as  to  the  relocation  of  a  county 
seat  under  5  G.  A.,  ch.  46.)  State  ex  rel  v.  County  Judge,  7-186;  State  v. 
Bailey,  7-390. 

The  canvassers  may  reject  improper  returns,  such  as  are  not  properly 
signed,  or  have  not  been  in  the  proper  custody,  or  have  been  mutilated 
or  changed;  and  after  they  have  declared  the  result  they  may,  by  man- 
damus, be  compelled  to  re-assemble  and  re-canvass  the  vote  to  correct  a 
mistake  in  improperly  rejecting  returns.  Price  v.  Earned,  1-473;  or  in 
counting  improper  returns.  State  ex  rel  v.  County  Judge,  13-139. 

Where  an  officer  was  authorized  to  examine  the  returns  of  an  election 
for  a  county  seat,  and,  on  being  satisfied  that  either  place  voted  for  had 
a  greater  number  of  votes  than  the  other,  the  record  of  such  result  was 
to  be  made,  held,  that  he  had  no  authority  to  inquire  into  the  legality  of 
the  votes  cast,  but  was  bound  by  the  returns  as  made  to  him.  United 
States  ex  rel  v.  Commissioners,  Mor.,  31. 

In  a  case  involving  the  validity  of  votes  cast  at  an  election  the  court 
is  not  precluded  by  the  return,  but  may  receive  evidence  as  to  the  com- 
pliance with  the  law  on  the  part  of  the  officers  of  election  and  may  there- 
fore receive  evidence  that  the  officers  were  duly  sworn,  although  such 
fact  does  not  appear  on  the  face  of  the  return.  Dishon  v.  Smith,  10-212. 

Where  two  corresponding  returns  were  made  out  by  the  judges  of 
election,  one  of  which  was  on  its  face  informal  and  unauthenticated  and 
the  other  was  formal  and  on  its  face  duly  authenticated,  held,  that  the 
county  board  of  canvassers  could  not  refuse  to  receive  evidence  aliunde 
to  establish  the  former,  and  yet  receive  such  evidence  to  defeat  the  latter, 
but  must  count  the  votes  as  returned.  State  v.  Cavers,  22-343. 

Mandamus  is  the  proper  remedy  to  compel  the  canvassers  to  declare 
elected  and  certify  to  the  election  of  the  party  receiving  the  highest  num- 
ber of  votes.  Bradfleld  v.  Wart,  36-291. 

A  writ  of  mandamus  will  not  issue  to  compel  a  canvassing  board  to 
re-assemble  and  canvass  the  return  of  the  votes  for  an  office  and  declare 
the  candidate  receiving  a  majority  of  the  votes  cast  therefor  to  be  elected, 
after  the  expiration  of  the  term  for  which  he  was  elected.  Potts  v.  Tuttler 
79-253. 

Where  the  canvass  of  votes  at  an  election  was  to  be  made  by  county 
judge,  calling  to  his  assistance  two  justices  of  peace,  and  an  action  by 
mandamus  was  instituted  to  compel  a  re-canvass,  held,  that  such  man- 
damus properly  issued  to  the  judge  alone  and  not  to  the  board  as  origin- 
ally constituted.  State  ex  rel  v.  County  Judge,  7-186;  Rice  v.  Smith, 
P-570. 


CANVASS  BY  BOARD  OF  SUPERVISORS         '101 

Where  a  writ  of  mandamus  was  granted  to  compel  a  re-assembling  of 
the  canvassing  board  of  tihe  county  by  the  county  judge  for  the  purpose 
of  re-canvassing  the  returns,  held,  that  the  primary  writ  should  issue  to 
such  county  judge  in  his  individual  name,  and  that  upon  failure  of  the 
other  members  of  the  board  summoned  by  him,  in  pursuance  of  law,  to 
constitute  such  board  and  canvass  such  returns  to  comply  with  the  writ, 
an  alias  writ  might  be  directed  to  such  other  members  and  a  proper  can- 
vass compelled.  State  ex  rel  v.  Smith,  9-334. 

The  duties  imposed  upon  the  members  of  the  board  of  supervisors  in 
relation  to  canvassing  votes  cast  at  elections  may  be  enforced  by  man- 
damus, but  an  action  of  damages  for  their  non-performance  will  not  lie. 
Jayne  v.  Drcrbiugh,  63-711. 

The  judges  of  election  who  have  made  defective  returns  may  correct 
such  returns  so  as  to  authorize  the  board  of  supervisors  to  canvass  the 
same.  Rummel  v.  Dealy,  112-503. 

Injunction:  Although  mandamus  may  have  issued  to  compel  a  board 
of  canvassers  to  count  and  record  the  votes  contained  in  certain  returns, 
yet  an  injunction  restraining  any  action  under  tihe  count  as  thus  recorded 
will  not  be  improper  or  inconsistent  with  the  mandamus  if  it  appears 
that  the  votes  which  the  board  is  directed  to  canvass  should  not  be 
counted  owing  to  matters  existing  outside  of  the  returns.  Dishon  v. 
Smith,  10-212. 

Certificate:  It  is  not  fatal  to  the  certificate  that  it  does  not  con- 
tain full  particulars  as  to  the  time  and  place  of  the  election.  The  caption 
and  the  certificate  may  be  taken  together.  Ibid. 

Where  it  is  required  that  a  certificate  of  the  election,  at  which  a  rail- 
road aid  tax  was  voted,  should  be  certified  by  the  clerks  of  the  election, 
held,  that  a  certificate  signed  by  the  judges  and  attested  by  the  clerks  was 
sufficient.  Casady  v.  Lowry,  49-523. 

The  twenty  days  for  filing  statement  of  contest  as  to  the  election  of  a 
county  officer  commences  to  run  from  the  date  when  the  board  of  super- 
visors determined  the  result  as  here  provided  and  not  from  the  date  of 
the  counting  of  the  ballots  by  the  judges  of  election.  Clark  v.  Tracy, 
64  N.  W.,  290;  Ferguson  v.  Henry,  64  N.  W.,  292.  95-439. 

The  board  is  required  to  make  an  abstract  of  the  election  returns  as 
canvassed  and  received  from  the  various  precincts  and  such  abstract 
should  be  published  as  a  part  of  the  proceedings  of  the  board  under  the 
provisions  of  code  §  441.  Clark  v.  Lake,  146-109. 

The  proceedings  of  the  county  board  of  canvassers  are  the  'proceedings 
of  the  county  board  of  supervisors  and  as  such  are  to  be  published  as 
provided  under  the  provisions  of  code  §  441.  Index  Printing  Company 
v.  Board  of  Supervisors,  150-411. 

Sec.  1150.  Abstracts.  The  abstract  of  the  votes  for  each  of  the 
following  classes  shall  be  made  on  a  different  sheet: 

1.  Presidential  electors; 

2.  Governor  and  lieutenant-governor; 

3.  All  state  officers  not  otherwise  provided  for ; 

4.  Representatives  in  congress; 

5.  Senators  and  representatives  in  the  general  assembly  for 
the  county  alone; 

6.  Senators  and  representatives  in  the  general  assembly  by 
districts  comprising  more  than  one  county ; 


1012  CANVASS  BY  BOARD  OF  SUPERVISORS 

7.  Judges  of  the  district  court; 

8.  County  officers.     [C.  73,  §§  636,  662;  R.,  §§  507,  538-9;  C. 
'51,  §§  272,  304-5.] 

Sec.  1151.  For  congressmen,  electors  and  state  and  district  of- 
ficers. Abstracts  of  all  the  votes  cast  for  congressmen,  presi- 
dential electors,  state  or  judicial  district  officers,  shall  be  made 
in  duplicate,  and  signed  by  the  board  of  county  canvassers,  one 
of  which  shall  be  forwarded  to  the  secretary  of  state,  and  the 
other  filed  by  the  county  auditor.  [C.  '73,  §§  637,  662.;  R.,  §§  507, 
538-9;  C.  '51,  §§  272,  304-5.] 

Sec.  1152.  Declaration  of  election.  Each  abstract  of  the  votes 
for  such  officers  as  the  county  alone  elects  shall  contain  a  declara- 
tion of  whom  the  canvassers  determined  to  be  elected,  except 
when  two  or  more  persons  receive  an  equal  and  the  greatest  num- 
ber of  votes.  [C.  '73,  §  639;  B.,  §  509;  C.  '51,  §  275.] 

Sec.  1153.  For  senator  or  representative  for  district.  When  a 
senator  or  representative  in  the  general  assembly  is  elected  by 
a  district  composed  of  two  or  more  counties,  the  several  boards 
of  canvassers  therein  shall,  after  the  canvass  of  the  vote,  make 
and  certify  as  many  copies  of  the  abstract  of  the  votes  for  such 
office  as  there  are  counties  in  such  senatorial  or  representative 
district,  and  one  additional,  and  the  auditor  in  each  county  shall 
seal  up,  direct  and  transmit  one  copy  to  the  secretary  of  state,  and 
one  to  the  auditor  of  each  other  county  in  the  district,  who  shall 
file  the  same  in  their  respective  offices,  and  he  shall  preserve  one 
in  his  office.  [C.  '73,  §  646.] 

Sec.  1154.  Returns  filed.  When  the  canvass  is  concluded,  the 
board  shall  deliver  the  original  returns  to  the  auditor,  who  shall 
file  the  same,  and  record  each  of  the  abstracts  above  mentioned 
in  the  election  book.  [C.  '73,  §  640;  B.,  §§  335,  510;  C.  '51,  § 

276.] 

Sec.  1155.     Certificate  of  election.    When  any  person  is  thus 
declared  elected,  there  shall  be  delivered  him  a  certificate  of  elec- 
tion, under  the  official  seal  of  the  county,  in  substance  as  follows : 
State  of  Iowa,  1 
County.  J 

At  an  election  holden  in  said  county  on  the day  of 

A.  D ,  A B was  elected  to  the  office  of 

of  the  said  county  for  the  term  of years  from  the 

day  of A.  D (or  if  he  was  elected  to  fill  a 


CANVASS  BY  EXECUTIVE  COUNCIL  103 

vacancy,  say  for  the  residue  of  the  term  ending  on  the day 

of ,  A.  D ),  and  until  his  successor  is 

elected  and  qualified.  C D 

President  of  Board  of  Canvassers. 

Witness,  E F ,  County  Auditor  (clerk). 

which  certificate  shall  be  presumptive  evidence  of  his  election 
and  qualification.  [C.  '73,  §  641;  R.,  §§  511,  514;  C.  '51,  §  277.] 

Sec.  1156.  Of  senators  and  representatives.  The  certificate  of 
election  of  senators  and  representatives  shall  be  in  duplicate, 
and  substantially  in  the  form  given,  with  such  changes  only  as 
are  necessary,  one  of  which  shall  be  delivered  to  the  person  en- 
titled thereto,  and  the  other  forwarded  to  the  secretary  of  state. 
[C.  '73,  §  642;  R.,  §  512;  C.  '51,  §  278.] 

Sec.  1157.  Abstracts  forwarded  to  secretary  of  state.  Within 
ten  days  after  the  election,  one  of  the  abstracts  of  votes  for  gov- 
ernor and  lieutenant-governor  shall  be  sealed  up  by  the  auditor, 
indorsed  "  Abstract  of  votes  for  governor  and  lieutenant-gov- 
ernor from county  (naming  the  county) "  and  be  by  him 

forwarded  to  the  speaker  of  the  house  of  representatives;  those 
for  presidential  electors,  representatives  in  congress,  and  all 
other  state  and  district  officers,  shall  be  separately  sealed  up,  in- 
dorsed in  like  manner,  with  necessary  changes,  and  then  all  placed 
in  one  package  and  forwarded  to  the  secretary  of  state.  Abstracts 
of  votes  cast  at  special  elections  to  fill  vacancies  in  office  shall 
be  forwarded  as  soon  as  canvassed.  [C.  '73,  §§  645,  662;  R.,  §§ 
517,  518,  538-9;  C.  '51,  §§  283-4,  304-5.] 


PART  V 

DIVISION  4. 
CANVASS    BY    EXECUTIVE    COUNCIL. 

Sec.  1158.  Returns  procured  from  counties.  If  the  abstracts 
from  any  county  are  not  received  at  the  office  of  the  secretary  of 
state  within  fifteen  days  after  the  day  of  election,  he  shall  send 
a  messenger  to  the  auditor  of  such  county,  who  shall  furnish  him 
with  them,  or,  if  they  have  been  sent,  with  a  copy  thereof,  and 
he  shall  return  them  to  the  secretary  without  delay.  [C.  '73,  §'$ 
649,  662;  R.,  §§  519,  538-9;  C.  '51,  §§  285,  304-5.] 


104  CANVASS  BY  EXECUTIVE  COUNCIL 

Sec.  1159.  Abstracts  opened.  The  abstracts  received  by  the 
secretary  of  state  shall  be  kept  by  him  until  the  day  fixed  for 
their  opening,  and  shall  then  be  opened  only  in  the  presence  of 
the  state  board  of  canvassers.  [C.  '73,  §  650;  R.,  §  520;  C.  '51,  § 
286.] 

Sec.  1160.  State  board  of  canvassers.  The  executive  council 
constitutes  a  board  of  canvassers  for  the  state,  but  no  member 
thereof  shall  take  part  in  canvassing  the  votes  for  any  office  for 
which  he  himself  is  a  candidate.  [C.  73,  §  651;  R.,  §  521;  C.  '51, 

§  287.] 

Sec.  1161.  Time  of  state  canvass.  On  the  twentieth  day  after 
the  day  of  election,  the  board  of  state  canvassers  shall  open  and 
examine  all  of  the  returns.  If  they  are  not  received  from  all 
the  counties,  it  may  adjourn,  not  exceeding  twenty  days,  for 
the  purpose  of  obtaining  them,  and,  when  received,  shall  proceed 
with  the  canvass.  Returns  of  elections  to  fill  vacancies  in  office 
shall  be  canvassed  as  soon  as  received.  [C.  '73,  §§  652,  663 ;  R.,  §§ 
522,  540;  C.  '51,  §§  288,  306.] 

Sec.  1162.  Canvass  by  state  board.  The  board  of  state  can- 
vassers shall  open  the  abstracts  for  state  senators  and  representa- 
tives transmitted  to  the  secretary  of  state,  and  canvass  the  votes 
therein  returned,  at  the  time  and  in  the  manner  of  canvassing 
the  state  vote,  or  at  such  other  time  as  they  may  fix,  at  least  twen- 
ty days  prior  to  the  time  fixed  by  law  for  the  meeting  of  the 
next  general  assembly,  and  in  case  of  a  special  election,  within 
five  days  after  the  receipt  of  such  abstracts,  and  shall  immediately 
make  out,  certify,  and  transmit  by  mail  to  the  county  auditor 
of  each  county  in  the  district,  to  be  by  him  filed  in  his  office,  a 
copy  of  the  abstract  of  such  canvass  required  in  the  next  sec- 
tion, which  shall  be  recorded  by  him  in. the  election  book.  [C. 
'73,  §  647.] 

Sec.  1163.  Abstract  of  result.  It  shall  make  an  abstract  stat- 
ing, in  words  written  at  length,  the  number  of  ballots  cast  for 
each  office,  the  names  of  all  the  persons  voted  for,  for  what  office, 
the  number  of  votes  each  received,  and  whom  they  declare  to  be 
elected ;  which  abstract  shall  be  signed  by  the  canvassers  in  their 
official  capacity  and  as  state  canvassers,  and  have  the  seal  of  the 
state  affixed.  [19  G.  A.,  ch.  163,  §  14;  C.  '73,  §§  653,  663;  R., 
§§  523,540;  C.  '51,  §§  289,  306.] 


CANVASS  BY  EXECUTIVE  COUNCIL  105 

Sec.  1164.  State  election  book.  The  secretary  of  state  shall  file 
the  abstracts  when  received  and  shall  have  the  same  bound  in 
book  form  to  be  kept  by  him  as  a  record  of  the  result  of  said  state 
election,  to  be  known  as  the  state  election  book.  [32  G.  A.,  ch.  52.] 

Sec.  1165.  Certificate  of  election.  Each  person  declared  elected 
by  the  state  board  of  canvassers  shall  receive  a  certificate  there- 
of, signed  by  the  governor,  or,  in  his  absence,  by  the  secretary 
of  state,  with  the  seal  of  state  affixed,  attested  by  the  other  can- 
vassers, to  be  in  substance  as  follows : 

STATE  OF  IOWA : 

To  A B ,  Greeting :  It  is  hereby  certified  that, 

at  an  election  holden  on  the day  of ,  you  were  elected 

to  the  office  of of  said  state,  for  the  term  of years, 

from  and  after  the day  of. (or  if  to  fill  a  vacancy, 

for  the  residue  of  the  term,  ending  on  the day  of ). 

Given  at  the  seat  of  government  this.  .  .  .day  of 

If  the  governor  be  absent,  the  certificate  of  the  election  of  the 
secretary  of  state  shall  be  signed  by  the  auditor.  The  certificate 
to  members  of  the  legislature  shall  describe,  by  the  number,  the 
district  from  which  the  member  is  elected.  [C.  '73,  §§  655,  657; 
R.,  §§  524,  527;  C.  '51,  §§  290,  293.] 

Sc.  1166.  Representatives  in  congress.  The  certificate  of  the 
election  of  a  representative  in  congress  shall  be  signed  by  the 
governor,  with  the  seal  of  the  state  affixed,  and  be  countersigned 
by  the  secretary  of  state.  [C.  '731,  §  658;  R.,  §  528;  C.  '51,  §  291.] 

Sec.  1167.  Certificates  mailed.  The  secretary  of  state  shall  de- 
liver or  mail  certificates  of  election  to  the  persons  declared  elected. 
[C.  '73,  §§  648,  656,  658;  R.,  §§  526,  528;  C.  '51,  §§  291-2.] 

Sec.  1168.  Certificates  to  electors.  The  governor,  at  the  expira- 
tion of  ten  days  from  the  completed  canvass,  shall  issue  to  each 
presidential  elector  declared  elected  a  certificate  of  his  election, 
under  his  hand  and  the  seal  of  the  state,  the  same,  in  substance, 
as  required  in  other  cases,  and  shall  notify  him  to  attend  at  the 
seat  of  government  at  noon  on  the  second  Monday  in  January 
following  his  election,  reporting  his  attendance  to  him.  If  there 
be  a  contest  of  the  election,  no  certificate  shall  issue  until  it  is 
determined.  [22  G.  A.,  ch.  50;  C.  '73,  §  665;  R.,  §  542;  C.  '51,  § 
308.] 

Sec.  1169.  Tie  vote.  If  more  than  the  requisite  number  of  per- 
sons, including  presidential  electors,  are  found  to  have  an  equal 


106  CANVASS  BY  EXECUTIVE  COUNCIL 

and  the  highest  number  of  votes,  the  election  of  one  of  them  shall 
be  determined  by  lot.  The  name  of  each  of  such  candidates  shall 
be  written  on  separate  pieces  of  paper,  as  nearly  uniform  in  size 
and  material  as  possible,  and  placed  in  a  receptacle  so  that  the 
names  cannot  be  seen.  In  the  presence  of  the  board  of  convas- 
sers,  one  of  them  shall  publicly  draw  one  of  such  names,  and  such 
person  shall  be  declared  elected.  The  result  of  such  drawing  shall 
be  entered  upon  the  abstract  of  votes  and  duly  recorded,  and  a 
certificate  of  election  issued  to  such  person,  as  provided  in  this 
chapter.  [C.  '73,  §§  632,  643-4,  664;  R.,  §§  515,  516,  541,  547;  C. 
'51,  §§  281-2,  307,  316.] 

Sec.  1170.  Canvass  public — result  determined.  All  canvasses 
of  returns  shall  be  public,  and  the  persons  having  the  greatest 
number  of  votes  shall  be  declared  elected.  [  C.  '73,  §§  623,  638, 
664;  R.,  §§  497,  508,  541;  C.  '51,  §§  262,  273,  307.] 

Sec.  1171.  Special  elections — canvass  and  certificate.  In  case 
a  special  election  has  been  held,  the  board  of  county  canvassers 
shall  meet  at  one  o'clock  in  the  afternoon  of  the  second  day  there- 
after, and  canvass  the  votes  cast  thereat.  The  county  auditor,  as 
soon  as  the  canvass  is  completed,  shall  transmit  to  the  secretary 
of  state  an  abstract  of  the  votes  so  canvassed,  and  the  state  board, 
within  five  days  after  receiving  such  abstracts,  shall  canvass  the 
returns.  A  certificate  of  election  shall  be  issued  by  the  county 
or  state  board  of  canvassers,  as  in  other  cases.  All  the  provisions 
regulating  elections,  obtaining  returns,  and  canvass  of  votes  at 
general  elections,  except  as  to  time,  shall  apply  to  special  elec- 
tions. [C.  '73,  §§  791-3 ;  R.,  §  673.] 

Sec.  1172.  Messengers  for  election  returns.  Messengers  sent 
for  the  returns  of  elections  shall  be  paid  from  the  state  or  county 
treasury,  as  the  case  may  be,  ten  cents  a  mile  going  and  returning. 
[C.  '73,  §  3827;  R.,  §  529;  C.  '51,  §  296.] 


PART  VI 

OFFENSES   AGAINST   THE   RIGHTS   OF    SUFFRAGE. 

DIVISION  1. 

GENERAL  PROVISIONS. 

Section  4914.  Bribery  of  electors.  Any  person  offering  or  giv- 
ing a  bribe  to  any  elector  for  the  purpose  of  influencing  his  vote 
at  any  election  authorized  by  law,  or  any  elector  entitled  to  vote 
at  such  election  receiving  such  bribe,  shall  be  fined  not  exceeding 
five  hundred  dollars,  or  imprisoned  in  the  county  jail  not  exceed- 
ing one  year,  or  both.  [C.  '73,  §  3993;  R.,  §  4333.] 

It  does  not  constitute  bribery  at  an  election  to  relocate  a  county  seat 
for  persons  interested  in  the  location  at  a  particular  place  to  aigree  to 
give  certain  facilities  for  the  convenience  of  the  whole  county,  such,  as 
offering  a  building  for  courts  and  officers,  conveying  real  estate  to  the 
county,  paying  money  toward  the  erection  of  a  bridge,  subscribing  toward 
a  high  school,  etc.  Dishon  v.  Smith,  10-212;  Hawes  v.  Miller,  56-395. 

A  promise  by  a  candidate  to  pay  into  the  public  treasury,  if  elected, 
a  part  or  all  of  his  compensation,  is  an  offer  of  a  bribe  to  electors,  and 
disqualifies  the  person  making  it,  if  elected,  for  holding  the  office.  Car- 
rothers  v.  Russell,  53-346. 

Giving  or  offering  a  bribe  to  an  elector  is  a  ground  for  contesting  an 
election.  See  §  1198  and  note. 

Sec.  4915.    To  refrain  from  voting — to  work  for  candidate.    If 

any  person  shall  make  an  agreement  with  another  to  pay  him  any 
sum  of  money  or  other  valuable  thing  in  consideration  that  such 
other  person  shall  refrain  from  voting  at  any  election,  or  shall 
induce  other  qualified  electors  to  refrain  from  voting,  or  that  such 
other  person  shall  perform  any  service  or  labor  on  any  election 
day  in  the  interest  of  any  candidate  for  any  office  who  is  to  be 
voted  for  at  such  election,  or  in  the  interest  of  any  measure  or 
political  party,  he  shall  be  fined  in  any  sum  not  less  than  fifty 
nor  more  than  three  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  exceeding  ninety  days.  [25  G.  A.,  ch.  59,  §  1.] 

Sec.  4916.  Accepting.  Any  person  who  shall,  in  consideration 
of  any  sum  of  money  or  other  valuable  thing,  agree  to  refrain 
from  voting  at  any  general  or  municipal  election,  or  to  induce 
or  attempt  to  induce  others  to  do  so,  or  agree  to  perform  on 


108  OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE 

election  day  any  service  in  the  interest  of  any  candidate,  party 
or  measure  in  consideration  of  any  money  or  other  valuable  thing, 
or  who  shall  accept  any  money  or  other  valuable  thing  for  such 
services  performed  in  the  interest  of  any  candidate,  political  party 
or  measure,  shall  be  punished  as  provided  in  the  preceding  section. 
[Same,  §  2.] 

Sec.  4917.  Contracts  to  convey  voters.  Nothing  in  the  two 
preceding  sections  shall  be  so  construed  as  to  punish  individuals 
or  committees  of  any  political  party  from  making  contracts  in 
good  faith  for  the  conveyance  of  voters  to  and  from  polling  places 
and  the  payment  of  any  reasonable  compensation  for  such  service. 
[Same,  §  3.] 

Sec.  4918.  Voting  more  than  once,  If  any  elector  unlawfully 
vote  more  than  once  at  any  election  which  may  be  held  by  virtue 
of  any  law  of  this  state,  he  shall  be  fined  not  exceeding  two  hun- 
dred dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding 
one  year.  [C.  73,  §  3994;  R.,  §  4334;  C.  '51,  §  2692.] 

Sec.  4919.  When  not  qualified.  If  any  person,  knowing  him- 
self not  to  be  qualified,  vote  at  any  election  authorized  by  law,  he 
shall  be  fined  not  exceeding  two  hundred  dollars,  or  be  imprisoned 
in  the  county  jail  not  exceeding  six  months.  [C.  '73,  §  3995 ;  R.,  § 
4335;  C.  '51,  §  2693.] 

In  an  indictment  for  this  offense  it  is  not  necessary  to  show  that  the 
election  was  held  by  the  proper  and  legal  officers,  or  to  state  the  manner 
in  which  defendant  was  disqualified.  State  v.  Douglass,  7-413. 

Sec.  4919-a.  Illegal  voting — penalty.  Whenever  any  political 
party  shall  hold  a  primary  election  for  the  purpose  of  nominating 
a  candidate  for  any  public  office  or  for  the  purpose  of  selecting 
delegates  to  any  convention  of  such  party,  it  shall  be  unlawful 
for  any  person  not  a  qualified  elector,  or  any  qualified  elector 
not  at  the  time  a  member  in  good  faith  of  such  political  party, 
to  vote  at  such  primary  election.  Any  person  violating  the  pro- 
vision of  this  section,  and  any  person  knowingly  procuring,  aid- 
ing, or  abetting  such  violation,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  not  to  exceed  one 
hundred  dollars  or  be  imprisoned  in  the  county  jail  not  to  exceed 
thirty  days.  [27  G.  A.,  ch.  Ill,  §  1.] 

Sec.  4919-b.  Prima  facie  evidence.  It  shall  be  prima  facie 
evidence  of  the  violation  of  the  preceding  section,  for  any  person 
who  has  participated  in  any  primary  election  of  one  political 


OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE  109 

party,  to  vote  at  a  primary  election  held  by  another  political 
party,  to  select  candidates  to  be  voted  for  at  the  same  election; 
or  to  select  delegates  to  any  convention  of  the  party  holding 
such  primary  election.  [27  G.  A.,  ch.  Ill,  §  2.] 

Sec.  4919-c.  Authority  to  administer  oaths.  Any  judge  of  such 
primary  election  shall  have  power  to  administer  oaths  to,  and  to 
examine  under  oath,  any  person  offering  to  vote  at  such  election, 
touching  his  qualifications  to  participate  in  such  primary  elec- 
tion, and  it  shall  be  the  duty  of  such  judge  of  election  to  so  ex- 
amine or  cause  to  be  examined  any  person  challenged  as  to  his 
right  to  vote.  Any  person  testifying  falsely  as  to  any  material 
matter,  touching  his  qualifications  to  participate  in  such  primary 
election,  shall  be  deemed  guilty  of  perjury  and  punished  accord- 
ingly. [27  G.  A.,  ch.  Ill,  §  3.] 

Sec.  4919-d.  What  excepted.  Nothing  in  this  act  shall  be  con- 
strued to  apply  to  conventions  held  under  the  caucus  system.  [27 
G.  A.,  ch.  Ill,  §  4.] 

Sec.  4920.  Residence  in  county.  If  any  person  go  or  come  into 
any  county  of  this  state,  and  vote  in  such  county,  not  being  a 
resident  thereof,  he  shall  be  fined  not  exceeding  two  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  not  exceeding  one  year. 
[C.  '73,  §  3996;  R.,  §  4336;  C.  '51,  §  2694.] 

Sec.  4921.  Residence  in  state.  If  any  person  wilfully  vote  who 
has  not  been  a  resident  of  this  state  for  six  months  next  pre- 
ceding the  election,  or  who,  at  the  time  of  the  election,  is  not 
twenty-one  years  of  age,  or  who  is  not  a  citizen  of  the  United 
States,  or  who  is  not  qualified,  by  reason  of  other  disability,  to 
vote  at  the  place  where  and  time  when  the  vote  is  to  be  given,  he 
shall  be  fined  in  a  sum  not  exceeding  three  hundred  dollars,  or 
imprisoned  in  the  county  jail  not  exceeding  one  year.  [C.  '73,  § 
3997;  R.,  §  4337;  C.  '51,  §  2695.] 

It  is  no  defense  under  this  section  that  defendant  consulted  others  (not 
persons  learned  in  the  law)  as  to  his  right  to  vote,  and  was  advised  that 
he  was  qualified.  State  v.  Sheeley,  15-404. 

Voting  in  a  township  other  than  that  of  the  voter's  residence  is  an 
offense  under  this  section,  and  it  is  not  necessary  to  charge  or  prove  that 
accused  voted  for  or  against  any  one.  The  casting  of  a  ballot  being 
proved,  it  would  be  presumed  that  it  designated  the  name  of  some  persons 
for  some  office.  State  v.  Minnick,  15-123. 

To  constitute  wilfulness  in  voting  where  not  qualified,  there  must  be 
something  more  than  the  intentional  act  of  voting  without  legal  qualifica- 
tion; and  advice  of  counsel  or  persons  qualified  to  give  advice  in  such 
matters  may  be  shown  as  negativing  the  wilful  intent  to  illegally  vote. 
But  proof  of  casting  a  ballot  where  the  elector  is  as  a  matter  of  law  not 
entitled  to  vote  is  prima  facie  evidence  of  guilt.  State  v.  Savre,  129-122. 


110  OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE 

Sec.  4922.  Counseling  to  vote  when  not  qualified.  If  any  per- 
son procure,  aid,  assist,  counsel  or  advise  another  to  give  his 
vote,  knowing  that  such  person  is  disqualified,  he  shall  be  fined 
not  exceeding  five  hundred  nor  less  than  fifty  dollars,  and  be  im- 
prisoned in  the  county  jail  not  exceeding  one  year.  [C.  '73,  § 
3998  ;B.,  §  4338;  C.  '51,  §  2696.] 

Sec.  4923.  Deceiving  voter  as  to  ballot.  If  any  judge  or  clerk 
of  election  furnish  an  elector  with  a  ticket  or  ballot,  informing  him 
that  it  contains  a  name  or  names  different  from  those  which  are 
written  or  printed  therein,  with  an  intent  to  induce  him  to  vote 
contrary  to  his  inclination,  or  fraudulently  or  deceitfully  change 
a  ballot  of  any  elector,  by  which  such  elector  is  deprived  of  voting 
for  such  candidate  or  person  as  he  intended,  he  shall  be  im- 
prisoned in  the  county  jail  not  exceeding  two  years,  and  be  fined 
not  exceeding  one  thousand  dollars  nor  less  than  one  hundred 
dollars.  [C.  '73,  §  3999;  E.,  §  4339;  C.  '51,  §  2697.] 

Sec.  4924.  Preventing  from  voting  by  force  or  threats.  If 
any  person  unlawfully  and  by  force,  or  threats  of  force,  prevent, 
or  endeavor  to  prevent,  an  elector  from  giving  his  vote  at  any 
public  election,  he  shall  be  imprisoned  in  the  county  jail  not  ex- 
ceeding six  months,  and  fined  not  more  than  two  hundred  dol- 
lars. [C.  '73,  §  4000;  E.,  §  4340;  C.  '51,  §  2698.] 

Sec.  4925.  Bribing  clerks,  judges,  etc.  If  any  person  give  or 
offer  a  bribe  to  any  judge,  clerk  or  canvasser  of  any  election  au- 
thorized by  law,  or  any  executive  officer  attending  the  same,  as  a 
consideration  for  some  act  done  or  omitted  to  be  done  contrary 
to  his  official  duty  in  relation  to  such  election,  he  shall  be  fined 
not  exceeding  seven  hundred  dollars,  and  imprisoned  in  the 
county  jail  not  exceeding  one  year.  [C.  '73,  §  4001 ;  E.,  §  4341 ; 
C.  '51,  §  2699.] 

Sec.  4926.  Procuring  vote  by  influence  or  threats.  If  any  per- 
son procure,  or  endeavor  to  procure,  the  vote  of  any  elector,  or 
the  influence  of  any  person  over  other  electors,  at  any  election, 
for  himself,  or  for  or  against  any  candidate,  by  means  of  violence, 
threats  of  violence,  or  threats  of  withdrawing  custom  or  dealing 
in  business  or  trade,  or  enforcing  the  payment  of  debts,  or  bring- 
ing any  civil  or  criminal  action,  or  any  other  threat  of  injury  to 
be  inflicted  by  him  or  by  his  means,  he  shall  be  fined  not  exceed- 
ing five  hundred  dollars,  or  imprisoned  in  the  county  jail  not 
more  than  one  year.  [C.  '73,  §  4002;  E.,  §  4342;  C.  '51,  §  2700.] 


OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE  111 

Sec.  4927.    Judges  or  clerks  making  false  entries,  etc.   If  any 

judge  or  clerk  of  any  election  authorized  by  law  knowingly  make 
or  consent  to  any  false  entry  on  the  list  of  voters  or  poll  books ; 
or  put  into  the  ballot  box,  or  permit  to  be  so  put  in,  any  ballot  not 
given  by  a  voter ;  or  take  out  of  such  box,  or  permit  to  be  so  taken 
out,  any  ballot  deposited  therein,  except  in  the  manner  prescribed 
by  law;  or  by  any  other  act  or  omission  designedly  destroy  or 
change  the  ballots  given  by  the  electors,  he  shall  be  fined  not  ex- 
ceeding one  thousand  dollars,  and  imprisoned  in  the  penitentiary 
not  exceeding  five  years.  [C.  '73,  §  4003;  R.,  §  4343;  C.  '51,  § 
2701.] 

Sec.  4928.  Illegally  receiving  or  rejecting  votes.  When  any 
one  who  offers  to  vote  at  any  election  is  objected  to  by  an  elector 
as  a  person  not  possessing  the  requisite  qualifications,  if  any  judge 
of  such  election  unlawfully  permit  him  to  vote  without  producing 
proof  of  such  qualification  in  the  manner  directed  by  law,  or  if 
any  such  judge  wilfully  refuse  the  vote  of  any  person  who  com- 
plies with  the  requisites  prescribed  by  law  to  prove  his  qualifica- 
tions, he  shall  be  fined  not  more  than  two  hundred  nor  less  than 
twenty  dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding 
six  months.  [C.  '73,  §  4004;  R.,  §  4344;  C.  '51,  §  2702.] 

An  election  officer  will  not  be  criminally  liable  for  refusing  to  receive 
the  ballot  of  an  elector  unless  the  elector,  being  qualified  by  compliance 
with  the  law  to  vote,  tenders  his  ballot  within  the  time  within  which  it 
is  the  duty  of  the  election  officer  to  receive  ballots.  State  v.  Clark,  102-685. 

The  refusing  of  a  ballot  by  the  election  officer  may  be  wilful  if  it  is 
purposely  and  deliberately  done,  without  regard  to  whether  the  officer 
had  just  grounds  for  believing  the  ballot  to  be  lawful.  Ilia. 

Sec.  4929.  Misconduct  to  avoid  election.  If  any  judge,  clerk 
or  executive  officer  designedly  omit  to  do  any  official  act  required 
by  law,  or  designedly  do  any  illegal  act,  in  relation  to  any  public 
election,  by  which  act  or  omission  the  votes  taken  at  any  such 
election  in  any  city,  town,  precinct,  township  or  district  be  lost, 
or  the  electors  thereof  be  deprived  of  their  suffrage  at  such  elec- 
tion, or  designedly  do  any  act  which  renders  such  election  void, 
he  shall  be  fined  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars,  or  imprisoned  in  the  county  jail  not  more  than 
one  year,  or  both.  [C.  '73,  §  4005 ;  R.,  §  4345 ;  C.  '51,  §  2703.] 

Sec.  4930.  Not  returning  poll  books.  If  any  judge,  clerk,  or 
messenger,  after  having  been  deputed  by  the  judges  of  the  elec- 
tion to  carry  the  poll-books  of  such  election  to  the  place  where  by 
law  they  are  to  be  canvassed,  wilfully  or  negligently  fail  to  de- 
liver them  within  the  time  prescribed  by  law,  safe,  with  the  seal 


112  CANDIDATES'   ELECTION   EXPENSES 

unbroken,  he  shall,  for  every  such  offense,  be  fined  not  more  than 
five  hundred  nor  less  than  fifty  dollars.  [C.  '73,  §  4006;  R.,  § 
4346;  C.  '51,  §  2704.] 

Sec.  4931.  Improper  registry.  Any  person  who  causes  his 
name  to  be  registered,  knowing  that  he  is  not  or  will  not  become 
a  qualified  voter  in  the  precinct  where  his  name  is  registered  pre- 
vious to  the  next  election,  or  who  shall  wrongfully  personate  any 
registered  voter,  and  any  person  causing,  or  aiding  or  abetting 
any  person  in  either  of  said  acts,  shall  be,  for  each  offense,  im- 
prisoned in  the  penitentiary  not  less  than  one  year.  [C.  '731,  § 
4007.] 


PART  VI 

DIVISION  2. 

CANDIDATES'   ELECTION  EXPENSES. 

Sec.  1137-al.  Candidates  to  make  sworn  statement  of  election 
expenses — where  filed.  Every  candidate  for  any  office  to  be  voted 
for  at  any  primary,  municipal  or  general  election  shall,  within  ten 
days  after  the  holding  of  such  primary,  municipal  or  general  elec- 
tion, file  a  true,  correct,  detailed,  sworn  statement  showing  each 
and  all  sums  of  money  or  other  things  of  value  disbursed,  ex- 
pended or  promised  directly  or  indirectly  by  him,  and  to  the  best 
of  his  knowledge  and  belief  by  any  other  person  or  persons  in 
his  behalf  for  the  purpose  of  aiding  or  securing  his  nomination  or 
election.  If  the  person  be  a  candidate  for  a  municipal  or  a  county 
office,  such  statement  shall  be  filed  with  the  county  auditor ;  if  for 
a  state  office,  or  any  other  office  to  be  voted  for  by  the  electors  of 
more  than  one  county,  such  statement  shall  be  filed  with  the  secre- 
tary of  state.  Such  statement  shall  show  the  dates,  amounts,  and 
from  whom  such  sums  of  money  or  other  things  of  value  were 
received ;  and  the  dates,  amounts,  purposes  and  to  whom  paid  or 
disbursed,  and  shall  include  the  assessment  of  any  person,  commit- 
tee, or  organization  in  charge  of  the  campaign  of  such  candidate. 
[32  G.  A.,  ch.  50,  §  2.] 

Sec.  1137-a2.  Testimony — immunity  from  prosecution.  In  pros- 
ecutions under  this  act,  no  witness  shall  be  excused  from  giving 
testimony  on  the  ground  that  his  testimony  would  tend  to  render 
him  criminally  liable  or  expose  him  to  public  ignominy,  but  any 


CANDIDATES'  ELECTION  EXPENSES  113 

matter  so  elicited  shall  not  be  used  against  him,  and  said  witness 
shall  not  be  prosecuted  for  any  crime  connected  with  or  growing 
out  of  the  act  on  which  the  prosecution  is  based  in  the  cause  in 
which  his  evidence  is  used  for  the  state,  under  the  provisions  of 
this  section.  [32  G.  'A.,  ch.  50,  §  3.] 

Sec.  1137-a3.  Statements  by  committee  chairman.  The  chair- 
man of  each  party  central  committee  for  the  state,  district  or 
county,  shall  file  a  statement  of  receipts  and  expenditures  within 
ten  days  after  the  general  election.  The  chairmen  of  state  and 
district  central  committees  shall  file  said  statements  with  the  sec- 
retary of  state;  and  the  chairmen  of  county  central  committees, 
with  the  county  auditor.  Such  statements  shall  contain  all  the 
information  required  to  be  filed  by  candidates  as  set  forth  in  sec- 
tion two  (2)  of  this  act  and  in  addition  thereto  shall  state  the 
amounts  or  balances  remaining  on  hand.  The  person  filing  the 
same  shall  make  oath  that  it  is  a  full,  true  and  correct  statement. 
[32  G.  A.,  ch.  50,  §  4.] 

Sec.  1137-a4.  Statements  open  to  public  inspection.  The  state- 
ments provided  for  in  this  act  shall  be  open  at  all  times  to  the  in- 
spection of  the  public,  and  remain  on  file  and  become  a  part  of 
the  permanent  records  in  the  office  where  filed.  [32  G.  A.,  ch.  50, 

§5.] 

Sec.  1137-a5.  Treating  near  the  polls.  .It  shall  be  the  duty  of 
the  judges  and  clerks  of  all  municipal,  general  and  primary  elec- 
tions to  prohibit  the  placing,  keeping,  and  giving  to  the  voters,  by 
any  person  of  any  cigars,  food  or  other  refreshments  or  treats,  in 
or  about  the  polling  place.  [32  G.  A.,  ch.  50,  §  6.] 

Sec.  1137-a6.  Penalty.  Any  person  violating  any  of  the  provi- 
sions of  the  last  five  preceding  sections  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
a  fine  of  not  less  than  fifty  dollars  ($50)  nor  more  than  three  hun- 
dred dollars  ($300),  or  by  imprisonment  in  the  county  jail  not 
less  than  thirty  (30)  days  nor  more  than  six  (6)  months.  [32  G. 
A.,  ch.  50,  §  7.] 


PART  VI 

DIVISION  3. 

POLITICAL  CONTRIBUTIONS  BY  CORPORATIONS. 

Sec.  1641 -h.    Political  contributions  by  corporations  prohibited. 

It  shall  be  unlawful  for  any  corporation  doing  business  within  the 
state,  or  any  officer,  agent  or  representative  thereof  acting  for 
such  corporation,  to  give  or  contribute  any  money,  property,  labor 
or  thing  of  value,  directly  or  indirectly,  to  any  member  of  any 
political  committee,  political  party,  or  employe  or  representative 
thereof,  or  to  any  candidate  for  any  public  office  or  candidate  for 
nomination  to  any  public  office  or  to  the  representative  of  such 
candidate,  for  campaign  expenses  or  for  any  political  purpose 
whatsoever,  or  to  any  person,  partnership  or  corporation  for  the 
purpose  of  influencing  or  causing  such  person,  partnership  or  cor- 
poration to  influence  any  elector  of  the  state  to  vote  for  or  against 
any  candidate  for  public  office  or  for  nomination  for  public  office 
or  to  any  public  officer  for  the  purpose  of  influencing  his  official 
action,  but  nothing  in  this  act  shall  be  construed  to  restrain  or 
abridge  the  liberty  of  the  press  or  prohibit  the  consideration  and 
discussion  therein  of  candidates,  nominations,  public  officers  or 
political  questions.  [32  G.  A.,  ch.  73,  §  1.] 

Sec.  1641 -i.  Solicitation  from  corporations  prohibited.  It  shall 
be  unlawful  for  any  member  of  any  political  committee,  political 
party,  or  employe  or  representative  thereof,  or  candidate  for  any 
office  or  the  representative  of  such  candidate,  to  solicit,  request  or 
knowingly  receive  from  any  corporation  or  any  officer,  agent  or 
representative  thereof,  any  money,  property  or  thing  of  value 
belonging  to  such  corporation,  for  campaign  expenses  or  for  any 
political  purpose  whatsoever.  [32  G.  A.,  ch.  73,  §  2.] 

Sec.  1641-j.  Testimony — immunity  from  prosecution.  No  per- 
son, and  no  agent  or  officer  of  any  corporation  within  the  purview 
of  this  act  shall  be  privileged  from  testifying  in  relation  to  any 
thing  herein  prohibited;  and  no  person  having  so  testified  shall 
be  liable  to  any  prosecution  or  punishment  for  any  offense  con- 
cerning which  he  is  required  to  give  his  testimony,  provided  that 


POLITICAL  CONTRIBUTIONS   BY  CORPORATIONS  115 

he  shall  not  be  exempted  from  prosecution  and  punishment  for 
perjury  committed  in  so  testifying.     [32  G.  A.,  ch.  73,  §  3.] 

Sec.  1641 -k.  Penalty.  Any  person  convicted  of  a  violation  of 
any  of  the  provisions  of  this  act  shall  be  punished  by  imprison- 
ment in  the  county  jail  not  less  than  six  months  or  more  than  one 
year  and  in  the  discretion  of  the  court,  by  fine  not  exceeding  one 
thousand  dollars  ($1,000.00).  [32  G.  A.,  ch.  73,  §  4.] 


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